IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16473 of 2010 ARBIND KUMAR SON OF BHOLA CHOUDHARY @ RAJENDRA PRASAD, RESIDENT OF VILL. DUMARI, P.S. BIRAUL, DIST. DARBHANGA ….. PETITIONER Versus THE STATE OF BIHAR ----------- 2. 6.1.2011 The petitioner seeks quashing of the order dated 8.2.2010 passed in Biraul P.S. case No.198 of 2009 by the Sub-Divisional Judicial Magistrate, Biraul at Benipur (Darbhanga), by which he has taken cognizance u/s.7 of the Essential Commodities Act. The prosecution case is that the petitioner, who was a dealer of fertilizer, had not updated his registers and there was complaint by one consumer that he had charged more than the government rate. Considering that not updating of the registers could be mere irregularity and not an illegality and also that the oral statement of one of the consumer is not founded on any document, I am inclined to allow this application. In view of such, this application is allowed and the order dated 8.2.2010 passed in Biraul P.S. case No.198 of 2009 by the Sub-Divisional Judicial Magistrate, Biraul at Benipur (Darbhanga) is quashed. Narendra/ ( Anjana Prakash, J. )