IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9226 of 2009 Gopal Prasad Saraf, son of Late Lav Chand Saraf, proprietor Licensee of Om Service Station, Bypass Chowk, Aurangabad, P.S. Aurangabad, District-Aurangabad (Bihar). …….Petitioner. Versus The State of Bihar. ………………………Opposite Party. For the petitioner :- Mr. Bisturajit Singh, Advocate. Mr. Kamlesh Kishore, Advocate. Mr. Tej Pratap Singh, Advocate. Mr. Shankar Thakur, Advocate. For the State :- Mr. Damodar Pd. Tiwary, A.P.P. ----------- 3. 24. 1. 2011. Heard. This criminal miscellaneous petition has been filed for quashing the order dated 14. 07. 2008 passed by S.D.J.M., Daudnagar, in Obra (Aurangabad) P.S. Case No. 15 of 2007 (G.R. No. 339 of 2007/ Tr. No. 38 of 2008, by which cognizance has been taken for offence under Section 7 of the Essential Commodities Act and Section 420 of the Indian Penal Code. 2. The prosecution as alleged in the written report filed by the Supply Inspector, alleging therein that supply of the petrol/diesel to M/S Chirag Service Station has been stopped/cancelled by Bharart Petroleum Corporation Ltd., but the said proprietor in collusion with Om Prakash Khemka, owner of the Petrol Pump in the name and style of Om Service Station, Aurangabad, is selling petrol to Om Service Station. It 2 has further been alleged that licence of Om Service Station has been obtained in the name of Gopal Prasad Sharf and petrol supplied to this Service Station being carried to M/S Chirag Service Station illegally and being sold there and on the basis of allegation, F.I.R. has been lodged and investigation proceeded. 3. However, from perusal of the Case Diary, it appears that during investigation, Police found that two tankers filled of petrol/diesel Bearing No. BR 26 P 8001 and BR 26 G 6001 standing near Obera High School on the National Highway, Obera, Daudnagar NH 98 Road, near Harijan hostel and two tankers were seized brought to the Police Station and Police submitted charge sheet on which cognizance has been taken. 4. Learned counsel for the petitioner, however, contends that whatever allegation has been made against M/S Chirag Service Station as it is alleged that M/S Chirag Service Station where petrol was being sold even after supply of the petrol has been stopped/cancelled by Bharat Petroleum Corporation then it is M/S Chirag Service Station against which evidence is made out and further submits that even if M/S Chirag Service Station is purchasing petrol from Om Service Station selling to its counter then Om Service station can not be charged with an offence or 3 petitioner of Om Service Station can not be held liable. 5. However, taking into consideration, allegation that Om Service Station in the later part of the written report of the Supply Inspector, on the basis of F.I.R. has been lodged that Om Service Station, Aurangabad, for which licence has been issued in the name of Gopal Prasad Saraf and the petrol supplied to Om Service Station by Bharat Petroleum Corporation Ltd. is being sold by M/S Chirag Service Station, and hence, liability of the petitioner, licence of Om Service station also follows a there responsibility has been lodged that this act which is being shown at the facts and circumstance. It is further found that during investigation, two tankers were found on Obera, Daudnagar, N.H. 98 road, support the allegation and when the petrol of Om Service Statin is being carried in tankers or hackers to M/S Chirag Service Station, implication of Om Service Station can well be inferred. 6. However, once the allegation made and there are supporting evidence in the Case Diary makes out an offence, F.I.R. and order taking cognizance can not be quashed as well as order taking cognizance can well domain of Magistrate and it can not be said at the facts and circumstances that no offence is made out. 7. However, petitioner may raise issue at the 4 stage of framing of the charge. 8. Having regard to the facts and circumstances of the case, I do not find any merit to interfere with the impugned order and hence the criminal miscellaneous petition is hereby dismissed. m.p. ( Gopal Prasad, J.)