- (1.) HEARD learned counsel for the parties.
(2.) IN this application the petitioner has prayed for quashing the entire criminal proceeding in connection with Rajmahal P.S Case no. 42 of 2013 corresponding to G.R. no. 90 of 2013 including the order dated 17.09.2013 passed by the learned Additional Chief Judicial Magistrate, Rajmahal, whereby and whereunder cognizance has been taken for the offence punishable under section 414 of the Indian Penal Code.
(3.) THE prosecution story in short is that on 19.02.2013, the Sub Divisional Officer, Rajmahal searched the house of the petitioner and 79 bags of rice of Public Distribution System were found which was kept for black marketing and after seizure of the materials a written report was submitted which led to institution of Rajmahal P.S. Case no. 42 of 2013. Investigation culminated in submission of charge -sheet against the accused persons under section 414 I.P.C. and vide order dated 17.09.2013, learned Additional Chief Judicial Magistrate, Rajmahal was pleased to take cognizance for the offence punishable under section 414 of the Indian Penal Code. Learned counsel for the petitioner has submitted that even if the allegations are taken to be true in its entirety no case under section 414 of the Indian Penal Code is made out. It has also been submitted that when special law is already in existence, the general law cannot be made applicable since whatever allegations have been alleged relates to provisions of Essential commodities Act but by totally bypassing the said Act, a case under section 414 of the Indian Penal Code has been instituted. It has further been submitted that although the first information report was instituted under section 414 of the Indian Penal Code, but, the confiscation case has been initiated under Section 6(A) of the Essential Commodities Act.;