IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19196 of 2010 GANESH PRASAD @ GANESH RAM, S/o Sri Krishna Prasad, R/o Village-Sundarpur Barja, Police Station-Behea, District-Bhojpur, Ara. Versus 1. THE STATE OF BIHAR. 2. Shankar Singh, S/o Babu Lal Singh, Block Supply Officer Ara Sadar, Ara, permanent R/o Mohalla Punaichak, Patna-23. ----------- 02. 14.02.2011 The petitioner has sought quashing of the order dated 17.02.2010 passed by the Sub-Divisional Judicial Magistrate, Ara, Bhojpur in G.R. No. 1266 of 2008, Tr. No. 2558 of 2010 by which cognizance has been taken under Section 7 Essential Commodities Act. It has been submitted on behalf of the petitioner that from the facts of the case it appears that on 09.11.2008 nine hundred litres of kerosene oil was allegedly seized from the petitioner but the case was instituted on 13.12.2008. The further submission is that even though the kerosene oil was allegedly seized on 09.11.2008 the same was released in favour of one Shio Shankar Gore on jimanama and, therefore, to allege after more than a month the same was recovered from the house of the petitioner without instituting a substantive case immediately in that regard appears to be doubtful. Considering the same, the application is allowed and the order dated 17.02.2010 passed by the Sub-Divisional Judicial Magistrate, Ara, Bhojpur in G.R. No. 1266 of 2008, Tr. No. 2558 of 2010 is, hereby, set aside. Vikash/- (Anjana Prakash, J.)