IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12124 of 2010 1. SHIV SHANKAR PRASAD SAH. 2. Raj Kishore Prasad Sah. Both are sons of Late Khelawan Sah, R/o Bhagwanpur, P.S.-Bhagwanpur, Distt.-Vaishali. Versus THE STATE OF BIHAR ----------- 02. 09.12.2010 The petitioners have sought quashing of the order dated 15.12.2009 passed by the Chief Judicial Magistrate, Vaishali in Bhagwanpur P.S. Case No. 125 of 2006 by which he has taken cognizance under Sections 3/7 of the E.C. Act and 420 IPC. The prosecution case is that when the premises of the petitioners was raided kerosene to the excess of 100 litres was found and later it was claimed that one Mala Sinha who was the PDS dealer had gone to lift the kerosene and, therefore, cash memo was lying in the shop and even while the vehicle could be arranged the present raid had occurred at 4 P.M. and this case has been instituted. Considering the entire conspectus of the case, this application is allowed and the entire proceeding of the order dated 15.12.2009 passed by the Chief Judicial Magistrate, Vaishali in Bhagwanpur P.S. Case No. 125 of 2006 is, hereby, set aside. Vikash/- (Anjana Prakash, J.)