IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46696 of 2007 RAGHUNANDAN PODDAR @ RAGHU PODDAR,Son of Late Ramji Poddar, resident of Village- Samaila, P.S. Kusheshwar Asthan, District-Darbhanga------------ Petitioner Versus 1. THE STATE OF BIHAR 2. Santosh Khatway, Son of Bino Khatway, resident of Village- Samaila, P.S. Kusheshwar Asthan, District-Darbhanga ---------------- Opp.Parties. ----------- For the petitioner : Mr. Kumar Malendu, Advocate For Opp.Party No.2 : Mr. Krishna Pd. Singh No.2, Advocate For the State : Mr. A.M.P. Mehta, A.P.P. ---------- 03 11-03-2010 Heard learned counsel for the petitioner, learned counsel for Opp.Party no.2 and learned A.P.P. for the State. The petitioner while invoking inherent jurisdiction under Section 482 Cr.P.C. has prayed for quashing of the order of cognizance dated 2.7.2007 passed by Sub Divisional Judicial Magistrate, Biroul at Benipur in Kusheshwar Asthan P.S. Case No.125 of 2006, by which he has taken cognizance of offence under Section 7 of the E.C. Act. Learned counsel for the petitioner while pressing this petition submits that before lodging the F.I.R., enquiry - 2 - was conducted and enquiry report indicates that the order from competent authority was not obtained. The said report was signed on 23.10.2006. In this case, the Block Supply Officer, Kusheshwar Asthan, had filed an application before the Officer Incharge for registering the case. The F.I.R. also contains an application under the signature of one Santosh Khatway , who was Sarpanch of the locality. It was alleged that accused Hira Poddar was apprehended while he was carrying about 80 liters of Kerosene oil, after being apprehended, he disclosed that the said Kerosene oil was of this petitioner who is a P.D.S. dealer. He also disclosed that the seized Kerosene oil was being sold at the rate of Rs.25/- per liter and the petitioner was involved in committing offence of black-marketing. On this basis, F.I.R. vide Kusheshwar Asthan P.S. Case No.125 of 2006 was registered on 26.10.2006. It appears that after investigation, chargesheet was submitted against this petitioner. Learned counsel for the petitioner further submits that the report dated 23.10.2006 indicates that during enquiry it was found that the question of black-marketing of Kerosene oil is matter of investigation and on this ground - 3 - he has prayed for quashing the said order of cognizance. Learned Magistrate, which is evident from the impugned order, examined the materials available on the record including case diary and thereafter, by order dated 2.7.2007, after being satisfied regarding commission of offence under Section 7 of the E.C.Act, took cognizance of offence and fixed the case for production of this petitioner. The accused Hira Poddar at the time of cognizance was in judicial custody. Learned counsel for the petitioner challenges the order of cognizance on the ground that no offence has been committed by the petitioner and without any material police submitted supplementary chargesheet and thereafter learned Magistrate has taken cognizance without application of mind. I have also heard the learned counsel for the State, who supports the order of cognizance and submits that there is no infirmity or illegality in the order. I am in agreement with the submission of the learned counsel for the State and from the order impugned I am not able to infer any infirmity. Moreover, the F.I.R. itself discloses specific - 4 - cognizable offence. In view of the facts and circumstances mentioned herein above, I do not find any merit in this petition and, accordingly, this petition is dismissed. NKS/- ( Rakesh Kumar, J)