In Manoj Kumar Singh vs. The State of Bihar (2025), Justice Chandra Shekhar Jha of Patna High Court quashed and set aside the order dated December 15, 2023 passed by 9th/3rd Additional District and Sessions Judge, Madhubani in a Criminal Revision case as well as the cognizance order dated September 21, 2023 passed by Sub Divisional Judicial Magistrate, Jhanjharpur in connection with Ghoghardiha case of 2019.
The application was filed by the petitioner for setting aside the order by 9th/3rd Additional District and Sessions Judge, Madhubani in Criminal Revision No.274 of 2023, whereby the trial court had affirmed the order passed by Sub Divisional Judicial Jhanjharpur and had rejected the revision application of the petitioner as well as for quashing the cognizance order passed by Sub Divisional Judicial Magistrate, Jhanjharpur, through which Jurisdictional Magistrate has taken cognizance under Sections 409, 420 and 120-B of the Indian Penal Code (I.P.C.) and Section 7 of the Essential Commodities Act, 1955 in connection the offence punishable under Section 409/34 of the I.P.C. and Section 7 of the Essential Commodities Act.
The Court observed:"The dispute in issue was purely commercial in nature, which was given a criminal colour to save its own officials, who were made accused in Ghoghardiha P.S. Case No.130 of 2019, where the District Magistrate, Madhubani was the informant."
The judgement reads: "It can be said safely that out of oblique and ulterior motive to save their own officials, the BSFC/informant lodged this case against petitioner and particularly, in view of arbitration award as passed in Request Case No. 69 of 2020, where all issues between the parties appears settled, showing all balance in favour of petitioner, the continuing with present criminal proceeding before the learned trial court qua petitioner would only amount to abuse of the process of court of law."
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