IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.53173 of 2008 MANBODH RAM, Son of Late Nihora Ram, resident of village- Belauri, P.S.- Mohania, District- Kaimur (Bhabhua). . . . . . Petitioner. Versus THE STATE OF BIHAR ----------- 4/ 14.05.2010 Heard learned counsel for the petitioner and the State. The petitioner has prayed for quashing order dated 18.10.2008, passed by Sub-Divisional Judicial Magistrate, Kaimur at Bhabhua in Mohania P.S. case no. 216 of 2007, whereby he has taken cognizance for the offence under Section 7 of the Essential Commodities Act. Learned counsel submits that the First Information Report does not disclose as to what order made under Section 3 of the Essential Commodities Act, has been violated. Learned counsel for the State has filed counter affidavit. He submits that there was shortage of food grains in the shop of the petitioner, who is a P.D.S. dealer. He further submits that the quantities of such food-grains was seized from the house of one Savitri Devi, which fully tallied with the food grains, which was found in the shop of the petitioner. On this basis, learned counsel submits that petitioner is indulging in black-marketing. In view of the point raised by the learned counsel for the petitioner, I am not going into the merit of the case. However, the learned Magistrate would ascertain from the case diary whether the prosecution has alleged as to which particular order issued under - 2 - Section 3 of the Essential Commodities Act has been violated. In the circumstances, the impugned order taking cognizance is set aside and the matter is remitted to the Magistrate to examine afresh in accordance with law. This application is, accordingly, disposed of. Uday/ (Samarendra Pratap Singh, J.)