Vijay Kumar Vs. the State of Bihar and ors.

Vijay Kumar vs The State of Bihar and ors.

Type Court Judgment Court Patna Decided May 23, 2012

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Citation: sooperkanoon.com/975872
Court: Patna High Court
Decided On: May 23, 2012
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Vijay Kumar

Respondent

The State of Bihar and ors.

Excerpt

.....no.2647 of 2012 (2) dt.23-01-2012 2 violation of sections 12,13 and 19 of the fertilizer control order (hereinafter referred to as the control order) punishable under section 7 of the essential commodities act, 1955 (hereinafter referred to as the act), the learned magistrate, by order dated 11.5.2010, even while taking cognizance of the offence punishable under section 7 of the act has held that no case is made out against the petitioner under sections 12, 13 and 19 of the control order and which order of the learned magistrate has been affirmed in criminal revision by the learned additional sessions judge, purnea by the order dated 4.1.2012. it is submitted that section 7 of the act is a penal provision imposing penalty for violation of any order issued under section 3 of the act. learned counsel submits that once the learned magistrate has held that no case of violation of the control order is made out against the petitioner, the proceedings cannot continue and the order taking cognizance of the offence punishable under section 7 of the act becomes unsustainable. it is contended that the learned additional sessions judge, without appreciation of this legal position, has simply affirmed the order taking cognizance. let the state counsel seek instructions in the matter and file a counter affidavit after serving a copy of the same on the learned patna high court cr.misc. no.2647 of 2012 (2) dt.23-01-2012 3 counsel for the petitioner. as prayed, put up after three weeks. in the meantime, further proceedings in k.nagar (champa nagar) p.s.case no.270 of 2008, g.r.no.2720 of 2008, trial no.2292 of 2010 pending in the court of the learned sub divisional judicial magistrate, purnea shall remain stayed. ahk (jyoti saran, j.)

Full Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2647 of 2012 ====================================================== 1. Vijay Kumar S/O Sri Parmeshwar Sah R/O Vill Kohwara, P.S. K.Nagar(Champa Nagar), Distt-Purnea. .... .... Petitioner/s Versus 1. The State Of Bihar 2. Arbind Kumar Singh, the Sub Divisional Agriculture Officer, Purnea .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anil Kumar Anand, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN”

23. 01-2012 Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. The petitioner is aggrieved by the order dated 4.1.2012 passed by the learned Additional Sessions Judge, F.T.C.V, Purnea in Cr.Revision No.238 of 2010, whereby the learned Judge has confirmed the order dated 11.5.2010 passed by the learned Sub Divisional Judicial Magistrate, Purnea taking cognizance of the offence punishable under section 7 of the Essential Commodities Act in a matter arising from K.Nagar (Champa Nagar) P.S.Case No.270 of 2008, G.R.No.2720 of 2008, Trial No.2292 of 2010. Learned counsel for the petitioner submits that whereas the first information report in question had been instituted for the alleged Patna High Court Cr.Misc. No.2647 of 2012 (2) dt.23-01-2012 2 violation of sections 12,13 and 19 of the Fertilizer Control Order (hereinafter referred to as the Control Order) punishable under section 7 of the Essential Commodities Act, 1955 (hereinafter referred to as the Act), the learned Magistrate, by order dated 11.5.2010, even while taking cognizance of the offence punishable under section 7 of the Act has held that no case is made out against the petitioner under sections 12, 13 and 19 of the Control Order and which order of the learned Magistrate has been affirmed in criminal revision by the learned Additional Sessions Judge, Purnea by the order dated 4.1.2012. It is submitted that Section 7 of the Act is a penal provision imposing penalty for violation of any order issued under section 3 of the Act. Learned counsel submits that once the learned Magistrate has held that no case of violation of the Control order is made out against the petitioner, the proceedings cannot continue and the order taking cognizance of the offence punishable under section 7 of the Act becomes unsustainable. It is contended that the learned Additional Sessions Judge, without appreciation of this legal position, has simply affirmed the order taking cognizance. Let the State Counsel seek instructions in the matter and file a counter affidavit after serving a copy of the same on the learned Patna High Court Cr.Misc. No.2647 of 2012 (2) dt.23-01-2012 3 counsel for the petitioner. As prayed, put up after three weeks. In the meantime, further proceedings in K.Nagar (Champa Nagar) P.S.Case No.270 of 2008, G.R.No.2720 of 2008, Trial no.2292 of 2010 pending in the court of the learned Sub Divisional Judicial Magistrate, Purnea shall remain stayed. ahk (Jyoti Saran, J.)

Same Court & Year Patna · 2012 Same Parties Vijay Kumar vs The State of Bihar and ors. Same Subject Land Acquisition