IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40054 of 2007 GANGA BISHUN PASWAN SON OF LATE JANAK PASWAN, R/O VILLAGE- BELSAR, P.S.- NOORSARAI, DISTRICT- NALANDA VERSUS STATE OF BIHAR ----------- 5 19/03/2010 Heard the parties. The petitioner has challenged the order dated 5.4.2007 passed in GR No. 2034 of 2006 arising out of Noorsarai P.S. Case No. 190 of 2006 whereby cognizance has been taken under Section 7 of the Essential Commodities Act against him. Supplementary affidavit has been filed on behalf of the petitioner. It has been submitted by the learned counsel for the petitioner that the petitioner is being unnecessarily harassed by the Mukhiya and no person has made any complaint against him. The Circle Officer, Noorsarai has also reported to the Office of the District Magistrate that the petitioner is being unnecessarily harassed. It is further submitted that prior to the present case, the petitioner has raised his grievance against the Mukhiya who has taken the informant into his connivance and on that basis the present case was filed and cognizance was taken. At the stage of taking cognizance, the defence of the accused cannot be looked into. The Court has only 2 to see that as to whether any prima facie case is made out or not. If the papers made available show a prima facie case then it becomes incumbent upon the court to take cognizance. In the present case the learned Magistrate has rightly taken cognizance after finding a prima facie case against the petitioner which needs no interference of this Court. In the result, this application is dismissed. However, the petitioner is at liberty to raise his grievance with regard to his innocence at the appropriate stage. avin (Shyam Kishore Sharma, J.)