IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34092 of 2008 Ajay Kumar, Son of Nathuni Prasad Sinha, Resident of Village Dumduma Hasanpur, PS Vaishali, District Vaishali ---- Petitioner Versus State Of Bihar ---- Opposite Party For the Petitioner : Mr. N.K. Agrawal, Sr. Advocate Mr. D.N. Tiwary, Advocate Mr. K.C.K. Sinha, Advocate For the State: Mr. Jharkhandi Upadhyay, A.P.P. ----------- 4 27.7.2011 A First Information Report registered as Hajipur PS Case No. 456 of 2007 has been instituted by the Marketing Officer, Hajipur on 23.8.2007 alleging that the petitioner who is a transporter had not delivered the food grains from Muzaffarpur godown to Hajipur godown. Learned counsel for the petitioner refers to the case diary and also to the fact that he had received the food grains on 19th of August, 2007 from the B.S.F.C. godown at Muzaffarpur and was to deliver the same by 20th of August, 2007. Due to crowds of ‘Kawariyas’ during the month of ‘Shravan’, he could not deliver the food grains to the godown at Hajipur as the road was almost blocked. Accordingly, he informed the District Magistrate, Hajipur regarding the said delay. It was after two days that he was able to deliver the food grains to the godown at Hajipur. This fact is disclosed at paragraph nos. 20, 28 and 29 of the case diary. The Marketing Officer, Hajipur refused to receive the same. Thereafter he informed the S.D.O. that the food grains should be received by the informant. The food grains was received by him on 23.8.2007 and on the same date the Marketing Officer, Hajipur has filed this case alleging that the 2 food grains had been supplied after a delay of two days. The fact that there is a delay of two days in transportation cannot be a ground for coming to the conclusion that the petitioner is guilty of the offence under Sections 409, 420, 120B/34 of the Indian Penal Code and Section 7 of the Essential Commodities Act. Infact no offence is made out under these sections, as this is neither a case of misappropriation or cheating nor a case where it can be said that the petitioner is responsible for selling the food grains in black market. In the result, this Court quashes the order of cognizance dated 12.3.2010, passed in Hajipur Town PS Case No. 456 of 2007. This application is allowed. Sanjay (Sheema Ali Khan, J.)