- (1.) Through this writ application extraordinary jurisdiction of this Court as enshrined under Article 226 of the Constitution of India has been invoked for quashing the entire criminal proceeding of Chauparan P.S. case no.24 of 2007 (G.R.No.661 of 2007) lodged under Section 7 of the Essential Commodities Act and also under Sections 406 and 420 of the Indian Penal Code against the petitioner.
(2.) It is the case of the prosecution that the informant Ajay Kumar Singh, Block Supply Officer, Chauparan on the direction of the Sub-divisional Officer, Barhi, raided the residential house of the petitioner and did find 10.45 quintals of wheat and 29.45 quintals of rice stored though the same had been lifted from the go-down of State Food Corporation, Chauparan for its distribution among the beneficiaries under the scheme of B.P.L.
(3.) Further case is that the petitioner had lifted the said food grains from the go-down of State Food Corporation for bringing it to its business place situated in Bhaghar Gram Panchayat but in stead of taking it to that place, the petitioner got it stored in his residential house, obviously for the purpose of selling it in the black market. On the said allegation, first information report was lodged which was instituted as Chauparan P.S. case no.24 of 2007 under Section 7 of the Essential Commodities Act which through this writ application has been sought to be quashed.;