Nagendra Choubey vs. State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41292 of 2008

Nagendra Choubey, son of Sri Haribansh Choubey, resident of Raidhasha, Custom Chowk, PS and District Kishanganj – Petitioner. Versus

State Of Bihar

The petitioner who is a Supply Inspector has been made accused in this case making an allegation that he ought to have inspected the shops more often which may have prevented the P.D.S. dealers in committing the offences.

On the basis of the aforesaid facts another case was also instituted against the petitioner being Kishanganj PS case No. 309/2000 which I have quashed on similar considerations.

Learned counsel for the petitioner submits that as far as the petitioner is concerned, he has neither misappropriated or has committed any offence with respect to the stocks provided to the dealers. Therefore, it cannot be said that he was involved in the said occurrence. The allegation against the petitioner is that he ought to have inspected the shops more often to ensure smooth functioning in the distribution of food grains allotted to the P.D.S. dealers. At most it can be said that it is dereliction of duty. However, it may be noted that unless there is a complaint received by the Supply Inspector, regarding short supply or any offence, which would come within the purview of the Essential Commodities Act and then alone, he could have taken any steps in the matter. As such this court finds that the implication of the petitioner in the present case is unwarranted on a bare reading of the First Information Report.

I accordingly quash the impugned order. This application is allowed.

haque ( Sheema Ali Khan, J.)