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Judgment
Smt. Anjana Prakash, J.(Oral)—The petitioners seek quashing of the order of cognizance dated 24.05.2011 passed by the learned Chief Judicial Magistrate, Darbhanga in Singhwara P.S. Case No. 63 of 2011, G.R. No. 984 of 2011, T.R. No. 113 of 2012.
The prosecution case is that on suspicion that the petitioners were lifting wheat on a vehicle for purposes of black-marketing, the informant went to the godown where he came to know that wheat which was loaded, had been apprehended by the Officer in-charge, Singhwara P.S. When the wheat was weighted, it was found that 20.08 quintals were short.
It has been submitted on behalf of the petitioners that thereafter an inquiry was conducted by the S.D.O, Darbhanga who found that 20.08 quintals of wheat which had been transported in another vehicle which went ahead and thus the shortage of 20.08 quintals is well explained. It is under these circumstances petitioners seek quashing of the proceeding.
Considering the aforesaid fact, the application stands allowed. the order of cognizance dated 24.05.2011 passed by the learned Chief Judicial Magistrate, Darbhanga in Singhwara P.S. Case No. 63 of 2011 G.R. No. 984 of 2011 T.R. No. 113 of 2012, is hereby set aside.