Patna High CourtRaja Nand Singh & Ors vs The State Of Bihar & Anr on 2 September, 2014Author:Ashutosh KumarBench:Ashutosh KumarIN THE HIGH COURT OF JUDICATURE AT PATNA

                        Criminal Miscellaneous No.17402 of 2008
              Arising Out of PS.Case No. -251 Year- 2007 Thana -Jagdishpur District- BHOJPUR
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1. Raja Nand Singh, S/o Late Sudama Singh, R/o Village - Tenduni, P.S.
   Jagdishpur, District Bhojpur,
2. Arun Kumar Kushwaha, S/o Ram Surat Singh, R/o Village - Tenduni, P.S.
   Jagdishpur, District Bhojpur,
3. Awadh Bihari Singh, S/o Radha Mohan Singh, R/o Village - Tenduni, P.S.
   Jagdishpur, District Bhojpur,
4. Rangnath Pandey, S/o Ghughali Pandey R/o Village - Bharrara, P.S.
   Jagdishpur, District Bhojpur,
5. Ram Bahadur Singh, S/o Late Ram Suresh Singh, R/o Village - Kushali
   Ghatela, P.S. Kudra, District - Bhabua.
                                                             .... .... Petitioners
                                      Versus
1. The State of Bihar
2. The Assistant Sub-Inspector of Police, Jagdishpur Police Station, Jagdishpur,
   District - Bhojpur.
                                                       .... .... Opposite Parties.
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Appearance:

For the Petitioner/s:             Mr. N. K. Agrawal, Sr. Advocate,
                                  Mr. D.N. Tiwari and
                                  Mr. Atal Bihari Pandey, Advocates.

For the Opposite Party/s: Mr. Jharkhandi Upadhyay, APP.
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR

ORAL JUDGMENT

Date: 02-09-2014

                    Heard Mr. N.K. Agrawal, learned Senior Advocate for

   the petitioners, and Mr. Jharkhandi Upadhyay, learned Additional

   Public Prosecutor for the State.

                    The petitioners have challenged the order dated

   14.02.2008, passed by the learned Chief Judicial Magistrate, Bhojpur,

   Ara in G.R. No. 2147 of 2007 (Tr. No. 3007 of 2008, arising out of
 Patna High Court Cr.Misc. No.17402 of 2008 dt.02-09-20142/5Jagdishpur P.S. Case No. 251 of 2007), whereby cognizance has been

        taken against the petitioners underSections 406,420,467,468&471/34of the Indian Penal Code.A police officer of Jagdishpur Police Station lodged a

        case alleging that during the evening patrolling, a truck was found

        parked on the road and some persons were talking amongst

        themselves. Considering the activities of those persons to be

        suspicious in nature, the police officer, referred to above, enquired

        from the people, who had assembled there. It was learnt that the

        vehicle was loaded with fertilizers. Some of the persons, who had

        assembled there, were of the opinion that the fertilizers, so loaded on

        the vehicle, were fake. During the ongoing period of such verbal duel,

        it is stated that the police party arrived there. Seeing the informant

        with the police party, the accused persons fled away. However, on

        search, the vehicle was found to be loaded with bags of fertilizer,

        which in the estimation of the local people, was loaded in the factory

        of the petitioners situated at Jagdishpur. Sensing some foul play, the

        informant reached the factory premises of the petitioners. On such

        raid, it was found that in the factory premises, huge quantity of

        fertilizers was stored. On all such bags of fertilizer, TIN / VAT

        number was printed. It was further pointed out by the informant that

        the fertilizers manufacturing unit of the petitioners was shown as a
 Patna High Court Cr.Misc. No.17402 of 2008 dt.02-09-20143/5sick unit for the purposes of seeking relief from Bihar State Financial

        Corporation. However, continuing with the process of manufacturing

        was found to be illegal by the informant. It was also alleged in the

        F.I.R. that many persons were made to work in the factory who were

        not being paid regular / sufficient wages, attracting offences under

        other Acts as well. On the basis of the aforementioned self-statement

        of the informant, a case, being Jagdishpur P.S. Case No. 251 of 2007

        dated 03.08.2007 underSections 406,420,467,468,471/34of the

        Indian Penal Code, was registered for investigation.The police after investigation submitted charge-sheet

        against the petitioners whereas some of the persons were not sent up

        for trial. On submission of the charge-sheet, cognizance was taken by

        the order dated 14.02.2008.The aforementioned order of cognizance is under

        challenge in the present application.The counsel for the petitioners submits that assuming,

        but not admitting, every allegation in the F.I.R. to be true, even then

        none of the offences of theIndian Penal Code, in which cognizance

        has been taken, can at all be said to have been made out. It has further

        been submitted on behalf of the petitioners that the petitioner no. 1 is

        the Managing Director of Rajendra Agro Fertilizer Private Limited

        whereas the other petitioners are the employees of the aforementioned
 Patna High Court Cr.Misc. No.17402 of 2008 dt.02-09-20144/5fertilizer company. The company has a valid licence of manufacture

        of fertilizers. The company is also registered with the Industries

        Department of the Government of Bihar, as a sick industry. Such

        registration is for the purposes of rehabilitation of such sick concern

        and the registration is valid for a stipulated period. The company is

        also licensed by the Labour Department, Government of Bihar.It has further been stated by the petitioners that with

        respect to the Certificate Case, initiated at the instance of the Bihar

        State Financial Corporation, a Title Suit has been filed by the

        manufacturing unit of the petitioners. The counsel for the petitioners

        is, at the moment, not in a position to state about the status of such

        case. However, it has been vehemently argued that if the

        manufacturing unit was found to be a sick unit under the Bihar State

        Industries Act; that by itself shall not saddle the petitioners with any

        criminal liability.Rehabilitation of the company is one of the major

        objectives behind declaring a company to be sick. Welfare measures

        are adopted by the Government and subsidies are given for

        ameliorating the conditions of the distressed employees of a sick unit.

        Assuming that certain bags of fertilizer were found in the premises of

        the factory; that by itself would not have led to violation of any one of

        the provisions of theIndian Penal Code. No charge appears to have
       Patna High Court Cr.Misc. No.17402 of 2008 dt.02-09-20145/5been leveled against the petitioners under the provisions of theEssential Commodities Actfor violation of any one of the provisions

                 of the Fertilizer Control Order. The narration in the First Information

                 Report further illustrates that the raid was vindictive in nature. Areas

                 of investigation, which are not in the domain of the local police, were

                 also resorted to.However, since none of the offences, for which

                 cognizance has been taken, can at all be made out from the facts of

                 this case. The order taking cognizance cannot be sustained in the eyes

                 of law. The same is quashed.The application is allowed.(Ashutosh Kumar, J)

    Dilip.U            T