IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37347 of 2008 Nagendra Choubey son of Sri Haribansh Choubey, resident of Raidhasha, Custom Chowk, P.S. and District Kishanganj. Versus The State Of Bihar ----------- 2 20.07.2011 Learned counsel for the petitioner and learned counsel on behalf of the State. It is alleged that on 20.06.2000 and from 01.07.2000 to 08.07.2000 the public distribution shops of 6 P.D.S. dealers were inspected and the records of some red card holders and others card holders were examined. On examination the informant alleged that the card showed less supply of foodgrains whereas the entry the cards showed more than the actual supply. Learned counsel for the petitioner submits that so far as Section 409 and 407 is concerned it would be applicable to the dealers and not this petitioner. He has not misappropriated any of the foodgrains nor he misutilized the same. The allegation of misappropriation is against the dealer and it cannot be said that the petitioner has not acted according to the rules. Learned counsel on behalf of the petitioner 2 submits that before taking cognizance the concerned authority ought to have obtained sanction from the food supply Department. In the facts and circumstances of the case as aforesaid, I quash the order of cognizance dated 22.11.2006 passed in Kishanganj P.S. Case No. 309 of 2000. This application is disposed of with the aforesaid observation. Devendra/ ( Sheema Ali Khan, J.)