IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24364 of 2008 PAWAN KUMAR, Shri Ram Hari, Mohalla and PS Warsaliganj, district Nawadah – petitioner. Versus THE STATE OF BIHAR ----------- 5 18.2.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This application has been filed for quashing the entire prosecution against the petitioner in Warsaliganj PS Case No. 15/2004 and the order, dated 20.4.2005 passed by the Subdivisional Judicial Magistrate, Nawadah by which cognizance has been taken for the offences under section 7 of the Essential Commodities Act against the petitioner and others. In the F.I.R. it has been stated that receipt no. 7534 was recovered from the shop of Ashok Kumar showing that 400 liters of kerosene oil was sold to the petitioner. The seizure list indicates that the receipt shows 700 liters in the name of Pawan Kumar. Learned counsel for the petitioner submits that there is no receipt on the record to support this aspect. The question whether there were 400 or 700 liters of kerosene oil can be verified from the actual receipt which has been seized. The Subdivisional Judicial Magistrate, Nawadah should verify this fact and thereafter pass an order in accordance with law with respect to taking of cognizance against the petitioner. The order, dated 20.4.2005 is quashed in part and the matter is remanded in terms of the observations made aforesaid. This application is allowed in part. 2 Counsel for the petitioner is directed to deposit the cost of Fax for communicating this order to the Subdivisional Judicial Magistrate, Nawadah in connection with Warsaliganj PS Case No. 15 of 2004. haque (Sheema Ali Khan, J.)