IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8628 of 2008 SURESH PASWAN SON OF RAMESHWAR PASWAN LICENCE NO. 14/85 R/O- VILLAGE MAHULI, P.S.- NAWADA (NAGAR), DIST. NAWADA. Versus THE STATE OF BIHAR For the petitioner : Mr. Uday Kumar, Advocate. For the State : Mr. Abhimanyu Sharma, APP ----------- 3 05.10.2010 Heard both sides. Petitioner seeks quashing of the order dated 19.12.2007 passed by the learned Chief Judicial Magistrate, Nawada in S.P. no. 8/07 arising out of Nawada Nagar P.S. case no. 109 of 2006 whereby cognizance under Section 7 of the E.C. Act has been taken based on the charge-sheet submitted by the police after due investigation. The allegation against the petitioner is that he was found in possession of food grains meant for Antyodaya Yojna. The further allegation is that the food and Kerosene oil were not distributed amongst the beneficiaries. Petitioner is a licensee (bearing licence no. 14/85). Present application is based on affidavits as also a report (as contained in Annexure-2) allegedly submitted by an officer absolving him of the charge. Counsel for the petitioner also relies on a judgment of this Court in the case of Maheshwar Prasad versus The State of Bihar since reported in 2007(2) P.L.J.R. 103. Learned counsel appearing on behalf of the State submits that the allegations spelt out in the F.I.R. have been supported by several beneficiaries. It is contended that as per the 2 allegation, the petitioner has definitely breached the conditions of licence. Considering the narrow confines of the jurisdiction invoked by the court below, this Court is not inclined to interfere with the order impugned. Petitioner shall have opportunity to raise all the issues at the appropriate stage of the proceeding. The application lacks merit. It is accordingly dismissed. pkj ( Kishore K. Mandal, J. )