Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4473 of 2012 ====================================================== 1. Sheelanath Singh Son Of Late Sitaram Singh Resident Of Village- Pakridih, P.O.-Mohmad Pakri, P.S.-Amnour, District-Saran .... .... Petitioner/s Versus 1. The State Of Bihar Through The Secretary Food And Consumer Protection Department, Old Secretariat, Patna 2. The Sub-Divisional Officer, Marhaura (Saran), District-Saran .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Shreekant Labh For the Respondent/s : Mr. P.N. Sahi Aag14 ====================================================== CORAM: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN ORAL ORDER 2 09-04-2012 The petitioner’s licence under the Public Distribution System has been suspended on 22.7.2010 on the basis of the fact that a First Information Report has been instituted against the petitioner being Amnour P.S. Case No. 65 of 2010 under [STATUTE] . The allegation in the First Information Report is that the petitioner was selling K. Oil in black market at a very high rate. It is also alleged that he has sold 1006 liters of K. Oil in black market, he has been charging higher value for the K. Oil from the B.P.L. card holders and has only been supplying stock of one month whereas submitting coupons for two months. Patna High Court CWJC No.4473 of 2012 (2) dt.09-04-2012 2 / 2 2 Learned counsel for the petitioner submits that institution of a criminal case cannot be a ground for suspending the licence until the criminal case is disposed of. It is submitted that the authorities should either cancel the licence or allow the petitioner to function until decision of the criminal case, as the criminal cases are sometime disposed of after a great length of time. This Court finds that although it was earlier justified suspending the licence on the ground that a criminal case is pending, subsequently this provision was amended in the year 2007 by deleting this provision. Now by a recent amendment, the provision for suspension of licence has been deleted altogether. I, therefore, quash the order as contained in Annexures 1 and 2. Liberty is given to the Sub-divisional Officer, Marhaura (Saran) to issue fresh notices for the purposes of cancellation of licence, if he thinks fit and proper. This writ application is disposed of with the aforesaid observations. Sanjay/- (Sheema Ali Khan, J.)

Applicable IPC Section: 420

Statute Text:
Section 420 of the Indian Penal Code. Cheating and there by dishonestly inducing delivery of property, or the making, alteration or destruction of a valuable security. Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.