IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33954 of 2008 1. Jhunna Singh, son of Rameshwar Prasad Singh, 2.Rameshwar Prasad Singh, son of Late Tejman Singh, 3.Ramayan Thakur, son of Late Arjun Thakur, all of village Jaga Pakar, PS Harsidhi, district East Champaran. 4.Indu Shekhar Tiwari, son of Madan Mohan Tiwari, village Areraj, PS Harsidhi, district East Champaran – petitioners. Vs. The State of Bihar. 4 29.1.2010 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. This application has been filed for quashing the order, dated 25.6.2007 passed by the Chief Judicial Magistrate, Motihari in Govindganj PS Case No. 45/2007 as well as the order, dated 18.6.2008 passed by the 2nd Additional Sessions Judge, Motihari in Criminal Revision No. 339 of 2007. The allegations in the F.I.R. are that a tractor carrying rice and wheat was seen parked in the village. The raiding party got suspicious and when they questioned the driver, it is alleged that he disclosed that the grains belonged to petitioners no.2 and 3 who are dealers under the Public Distribution System and the driver was instructed to unload the grains at the house of Indu Shekhar Tiwari, petitioner no.4. It is said that the grains were loaded on the tractor from the Fertilizer Corporation. As a result of the aforesaid allegations Govindpur PS Case No. 45/2007 was instituted. On the basis of the aforesaid allegations the licence of petitioners 2 and 3 was suspended. The petitioners moved before the District Magistrate for revocation of their licence and vide letter no.35, dated 18.1.2008 the suspension of licenses was revoked and the petitioners were allowed to continue with the work of distribution allocated to them under the licence. 2 I may point out here that the police submitted final form finding the case a mistake of fact and apart from the informant and two constables accompanying him, none of the independent witness, had stated that the petitioners indulged in black marketing. It has also not come during investigation that the grains found in the house of the petitioners were unauthorized or that the petitioners could not explain the source of receiving those grains. There is no report to show that there was misappropriation of Government grains or in fact the petitioners were indulging in any act which would make them liable under section 7 of the Essential Commodities Act. It is an accepted fact that the bags were supplied from the Government godown. Once the licensing authority is satisfied that the petitioners had not contravened any provisions of the Act, I do not see any reason to allow the prosecution to linger as it would amount to abuse of process of law and would also cause unnecessary harassment to the petitioners who have been found to be otherwise fit for grant of licence under the public distribution system. In view of the aforesaid facts, the impugned order taking cognizance, dated 25.6.2007 is hereby quashed and this application is allowed. haque (Sheema Ali Khan, J.)