IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7595 of 2008 PRAMOD SAH @ PRAMOD KUMAR SAHA, SON OF LATE SATAN SAH, RESIDENT OF VILLAGE HARSIDHI, P.O. + P.S. HARSIDHI, DISTRICT EAST CHAMPARAN. -- PETITIONER Versus THE STATE OF BIHAR -- OPPOSITE PARTY ----------- 3 5.3.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. Petitioner has filed this application for quashing the order of cognizance dated, 7.12.2007 passed in Harsidhi P.S. Case No. 201 of 2005 by the Chief Judicial Magistrate, East Champaran at Motihari by which the Court below has taken cognizance under Section 414 of the Indian Penal Code and Section 7 of the Essential Commodity Act. Learned counsel for the petitioner submits that there is no material to support the fact that K. Oil was stolen by the petitioner. It is further submitted that it is not quite clear as to how the Investigating Officer has come to the conclusion that K. Oil belong to the petitioner. At this stage, the Court has to see the prima facie case and this Court is not considering the merits of the evidence in the diary. The proper stage for examining the statement of the witnesses could be at the stage of framing of charge. This application is dismissed. Sanjay (Sheema Ali Khan, J.)