IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.70 of 2011 =========================================================== 1. Raghubir Prasad Agarwal, Son of Ram Chandra Agarwal.
2. Raj Kumar Agarwal, Son of Sri Raghubir Prasad Agarwal.
3. Mukesh Kumar Agarwal, Son of Sri Raghubir Prasad Agarwal.
4. Ashok Kumar Bihani, Son of Sri Chon Mal Bihani.
5. Shyam Taparia, Son of Late Chagan Mal Tapadia. All resident of Mohalla-Gulabag, P.S.-Purnea Sadar, District-Purnea. .... .... Petitioners Versus 1. The State of Bihar.
2. The Secretary, Department of Home, Govt. of Bihar.
3. The Director General of Police, Patna.
4. The Superintendent of Police, Purnea.
5. The Officer Incharge, Sadar Police Station, Purnea.
6. Ram Nagina Singh, Sub Inspector, Sadar Thana, Purnea.
7. Surendra Kumar, Food Inspector, Purnea. .... .... Respondents =========================================================== Appearance : For the Petitioners : Mr. Aditya Prakash Sahay, Advocate Mr. Prabhat Kumar Singh, Advocate Mr. Manoj Kumar Sinha, Advocate For the State : Mrs. Namrata Mishra (G.P.-17) Mr. Chhotelal Mishra (A.C. to G.P.-17) =========================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL JUDGMENT Date:
08. 08-2013 Supplementary affidavit has been filed on behalf of the petitioners during the course of the day enclosing the copy of enquiry report.
2. Heard the learned counsels appearing on behalf of the parties. Patna High Court CR. WJC No.70 of 2011 dt.08-08-2013 2/3 3. This is an application seeking quashing of Purnea Sadar P.S. Case No. 393 of 2010 registered for the offence under Sections 420, 468, 471, 307 and 120B/34 of the Indian Penal Code and under Prevention of Food Adulteration Act, 1954.
4. It is contended on behalf of the petitioners that on basis of some taking of samples and seizure already eleven cases are going on against the petitioners at the instance of competent authority, wherein, cognizance has already been taken without awaiting for report of analyst, this immature First Information Report was lodged before the police, who is not at all competent to entertain such cases and proceed.
5. Reliance is placed upon the decision of this Court in a case of “Satish Mishra Vs. State of Bihar & Ors.†reported in “2007(2) PLJR 724