IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.839 of 2010 1. RAM BHAGAT THAKUR (DEALER), SON OF CHHEDI THAKUR, RESIDENT OF TAPPU HAT, P.S. DIGHAL BANK, DISTT. KISHANGANJ. 2. MD. AIYUB ALAM @ AIYUB ALAM (DEALER), SON OF MD. AFZAL, RESIDENT OF VILLAGE – KACHHUNALA, P.S. DIGHAL BANK, DISTT. KISHANGANJ. -------- PETITIONERS. Versus 1. STATE OF BIHAR 2. NAWAL KISHORE PRASAD (SUPPLY INSPECTOR, DIGHAL BANK), SON OF BAIJNATH PRASAD, RESIDENT OF VILLAGE – SOUR BAZAR, P.S. SAUR BAZAR, DISTT. SAHARSA. ----------- OPPOSITE PARTIES. ----------- 2. 13.08.2010 Heard the parties. The petitioners seek quashing of the order dated 3.3.2009 passed by the Chief Judicial Magistrate, Kishanganj by which he has taken cognizance for offence under Sections 414, 120B of the Indian Penal Code and Section 7 of the Essential Commodities Act in Dighal Bank P.S. Case No. 43 of 2008. The case of the prosecution was that 17 bags of rice were kept in a village market which was alleged to have been off-loaded by the petitioners. Thereafter, an enquiry was done in the matter and when the stocks were checked, no shortage was found and, therefore, after enquiry, the opposite party no. 2 filed an application before the Officer-in-Charge, Dighal Bank that a case against unknown be instituted. However, the petitioners were made accused even though there was no material against them to connect them to the present occurrence. 2 Considering the same, this application is allowed and the order dated 3.3.2009 passed by the Chief Judicial Magistrate, Kishanganj, in G.R. No. 603 of 2008 arising out of Dighal Bank P.S. Case No. 43 of 2008 is quashed. S.Ali ( Anjana Prakash, J.)