GOVIND CHOUDHURY ALIAS GOVIND PRASAD CHOUDHURY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. A. N. Deo appearing for the petitioner and Jhunjhunwala for the State.

(2.) This is an application under Section 482 of the Code of Criminal Procedure for quashing the criminal prosecution started against the petitioner as also the order of taking cognizance against him dated 23-1-1986 passed by the Special Judge, Hazaribagh in the following circumstances.

(3.) It is the admitted position that the petitioner is the licensee of whole sale dealer of foodgrains. His godown was inspected in his absence on 22-6-1985 at about 2 p. m. at Ramgarh Nayee Sarai. At the time the godown was found closed but it was got opened. The Assistant Supply Officer found that the business of the petitioner was being run in the name and style of M/s. Jai Laxmi Traders. He did not find out any display board nor he could see any paper appertaining to the stock lying there consisting of 544 bags of rice which he seized. Thereafter a regular F. I. R. was lodged and ultimately charge-sheet was submitted and cognizance was taken which is being challenged in this application.