- (1.) SINCE on similar allegation case of the F.I.R with respect to other co -accused has been quashed, the matter was heard and is being finally disposed of.
(2.) THIS application has been filed under Section 482 Cr.P.C. for quashing of the first information report of Koderma P.S. Case No.549 of 2011 (G.R. No.1178 of 2011) instituted under Sections 467, 468, 471, 419, 420, 414, 406, 409 and 120B of the Indian Penal Code and also under Section 7 of the Essential Commodities Act. It is the case of the prosecution that the Senior Assistant Godown Manager, got 410 bags of Rice loaded at the godown of S.F.C. Koderma on a truck on the pretext of taking it to the Godown of State Food Corporation, Markachho (hereinafter referred to be as "SFC ), but the truck instead of coming to the Godown of SFC Markachho, proceeded towards Bihar. In the way, when it was intercepted, the Driver disclosed that at the instance of Bibhuti Bhushan Ram, Sr. Assistant Manager, co -accused Suresh Sao -the transporter and also the Assistant Godown Manager, SFC, Markachho (petitioner), the truck loaded with Rice was being taken to Bihar instead of Godown at Markachho.
(3.) ON such allegation, the case was registered as Koderma P.S. Case No.549 of 2011 (G.R. No.1178 of 2011) under Sections 467, 468, 471, 419, 420, 414, 406, 409 and 120B of the Indian Penal Code and also under Section 7 of the Essential Commodities Act, though no allegation of commission of any forgery or even misappropriation was there. Perhaps the case was lodged under Section 7 of the Essential Commodities Act on the premise that attempt was being made to commit offence under Section 7 of the Essential Commodities Act.;