IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.9702 of 2008 BALESHWAR PASWAN, S/O LATE RAM KISHUN PASWAN, RESIDENT OF VILLAGE MOHANPUR (PILKHI), P.S. KHUDAGANJ, DISTRICT NALALNDA .. PETITIONER Versus THE STATE OF BIHAR .. OPPOSITE PARTY **** For the petitioner .. Mr. Ravi Kant Kr., Adv. For the opposite party .. Mr. D. Mehta, A.P.P. **** /2/ 03.05.2010 Heard the counsel for the parties. 2. This application is directed for quashing the fir of Khudaganj P.S. Case No. 7 of 2006, dated 06.02.2006, instituted against the petitioner and other co-accused for offence under Section 7 of the Essential Commodities Act. 3. The learned counsel for the petitioner submits that the co-accused, Siddhi Sadan Giri, has approached this Court earlier in Cr. Misc. No. 55083 of 2007 for quashing the first information report and this by it’s order, dated 05.02.2008, held that the order do not come within the purview of Section 3 of the Essential Commodities Act even if the allegations made in the first information report are believed. The Hon’ble High Court relying upon decisions reported in 2007(1) P.L.J.R., 768 - 2 - (Most. Girdhari Kuar & Ors. Vrs. The State of Bihar) and 2007(1) P.L.J.R., 714 (Mr. Waizuddin Vrs. The State of Bihar) quashed the first information report. The learned counsel for the petitioner submits that the petitioner is co- accused and his case is on similar footing. 4. Having regard to the fact that this petitioner is co- accused in the said case bearing Khudaganj P.S. Case No. 7 of 2006 which has already been quashed on the petition under Section 482 of the Criminal Procedure Code filed by the co- accused, Siddhi Sadan Giri, by the order of this Court, dated 05.02.2008, in Cr. Misc. No. 55083 of 2007 and, hence, the case of the petitioner though on the same first information report which has been quashed by this Court, the petitioner is also entitled for same relief. 5. However, the first information report having already been quashed and, hence, this petition is allowed as the petitioner is entitled for the same relief as that of co-accused in Khudaganj P.S. Case No. 7 of 2006. S.A. (Gopal Prasad, J. )