IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14118 of 2010 1. BIRENDRA PASWAN S/O GARIBAN PASWAN, RESIDENT OF VILLAGE MEHNDI BIGHA, P.S. CHANDI, DISTRICT NALANDA 2. KRISHNA RAVIDAS S/O MANGAL RAVIDAS, RESIDENT OF VILLAGE JALAL PUR, P.S. NOOR SARAI, DISTRICT NALANDA …. PETITIONERS Versus STATE OF BIHAR ----------- 2. 14.12.2010 The petitioners seek quashing of the order dated 9.2.2010 passed by the S.D.J.M., Biharsharif, Nalanda in Sohsarai P.S. case No.133 of 2009, by which he has taken cognizance u/s.7 of the E.C. Act. The prosecution case is that on 14.10.2009 a pick- up van loaded with kerosene oil was intercepted in which the petitioners were found sitting. The petitioner no.1 happened to be the driver of the pick-up van, whereas the petitioner no.2 happened to be the servant of one Ashish Kumar, who was the purchaser of the kerosene oil. Even though Ashish Kumar was made an accused in the first information report till date no charge sheet has been submitted against him and the investigation has been kept pending. Since as against the petitioners no offence whatsoever punishable u/s.7 of the E.C.Act is made out, this application is allowed with a direction to the Magistrate concerned to consider taking of cognizance against the co- accused, who could be punishable under the Act. Narendra/ ( Anjana Prakash, J. )