IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5021 of 2009 BINOD KUMAR @ BINOD KUMAR HISARIYA Versus STATE OF BIHAR ----------- 02 30.04.2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner questions the First Information Report of Sheohar P.S. Case No. 116 of 2008, G.R. Case No. 434 of 2008, under Section 7 of the Essential Commodities Act and Fertilizer Control Order along with Sections 420, 467, 468, 471 and 120 of the Indian Penal Code. It is submitted that he is an authorized licensed dealer in fertilizer. He applied for change of the licensed premises. The Police raided the new premises where business had not yet commenced and lodged the present First Information Report with the allegations that he had obtained a fraudulent license and was not making supplies to farmers and was selling the fertilizer in black market. In consequence thereof, the District Agriculture Officer suspended the license of the petitioner and issued a show cause notice duly replied, when final order was passed on 4.11.2008 2 at Annexure-2. It specifically notices that the suspension was under a misconception as the petitioner had duly applied for change of the licensed premises and which application was pending consideration and that he had been supplying fertilizer to the farmers to the satisfaction of the authorities. In view of the report dated 4.11.2008, the allegations made in the First Information Report themselves become non-est and it shall serve no useful purpose to allow the prosecution to continue. The entire proceedings in Sheohar P.S. Case No. 116 of 2008, is hereby quashed. Though the license may have been suspended afresh by another order dated 18.11.2008 is not relevant to the controversy to which in any event is stated to have been quashed in C.W.J.C. No. 18659 of 2008. The application stands allowed. P.K. (Navin Sinha, J.)