IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34570 of 2004 1. MANI PRASAD, Son of Late Barho Sao, resident of village – Bhatta, P.S. Roh, District – Nawadah. 2. Mahendra Prasad Gupta, Son of Late Mewa Sah, resident of village – Bara Pandey, P.S. Roh, District – Nawadah. ------------- Petitioners. Versus THE STATE OF BIHAR ---- Opposite Party For the petitioners : Mr. D.N.Tiwari, Adv. For the State : Mr. Ajay Mishra, APP ****** 07. 11.08.2010 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. This is an application under section 482 of the Criminal Procedure Code seeking quashing of the order dated 22.06.2004 taking cognizance for the offences under section 7 of the Essential Commodities Act by Chief Judicial Magistrate, Nawada in Roh P.S. Case No. 35/2001. Petitioners are P.D.S. Dealers, and by the orders of the District Magistrate, one raid was conducted during which as many as 32 P.D.S. Dealers shop were found closed including the petitioner’s shop and the case was instituted. It is undisputed that for a limited period, petitioner’s license was suspended but after submission of explanation suspension was revoked and shops are running as usual. Finding minor irregularity further criminal inquiry appears futile and taking into consideration all as such aspects case against one of the co-accused Kalicharan Paswan has 2 already been quashed vide order dated 01.012.2005 in Cr. Misc. No. 26022/2004 by another Bench of this Court and another case of Kishore Kumar Sinha and others, has also been quashed vide order dated 22.09.2006 in Cr. Misc. No. 26106/2004. The instant case also squarely covered under the both the decisions. Accordingly, this petition is allowed and impugned order to the extent of the petitioners is hereby quashed. Rajeev/ (Akhilesh Chandra, J.)