Case Facts:
Patna High Court CWJC No.18946 of 2010 (2) dt.27-08-2012 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18946 of 2010 ====================================================== 1. Suresh Bhuinya S/O Shiv Charan Manjhi R/O Kathautiya Kewal, P.S.- Fatehpur, Distt.- Gaya .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Sub Divisional Officer, Sadar, Gaya .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. D.N.Tiwari For the Respondent/s : Mr. (Ga5) ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 2 27-08-2012 The petitioner has filed the instant writ petition for quashing order dated 11.1.2010, passed by the Sub Divisional Officer sadar, Gaya by which he has cancelled his PDS Licence no. 16/1990 on the ground that he was illegally selling rice of Government scheme for which Fatehpur Police Station Case No. 41 of 2008 [STATUTE] istered. The petitioner submits that as per clause 7(3) of the Fair Price Order, 2007 the PDS licence can only be suspended in the wake of institution of a case under the E.C. Act and not a criminal case. In that view of the matter, the impugned order cancelling PDS licence of the petitioner is quashed. However, it Patna High Court CWJC No.18946 of 2010 (2) dt.27-08-2012 2 will be open for the respondents to proceed afresh in accordance with law. The writ petition is disposed of. KHAN/- (Samarendra Pratap Singh, J)

Applicable IPC Section: 406

Statute Text:
Section 406 of the Indian Penal Code. Criminal breach of trust. Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.