IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15990 of 2010 SURAJ KUMAR SON OF SRI BHAGWAN DAS, RESIDENT OF VILLAGE DHOBI BIGHA, POLICE STATION ASTHAWAN, DISTRICT NALANDA ….. PETITIONER Versus THE STATE OF BIHAR ----------- 2. 5.1.2011 The petitioner has sought quashing of the order dated 12.12.2007 passed by the Chief Judicial Magistrate, Nalanda at Biharsharif, by which he has taken cognizance u/s.7 of the Essential Commodities Act in Asthawan P.S. case No.136 of 2007. The prosecution case is that the petitioner’s P.D.S. shop was closed and there was oral allegation against him that he had not distributed the kerosene oil which he had received. The petitioner seeks quashing of the prosecution on the ground that when a show cause notice was issued to him, he explained that since his daughter was to be married the shop was closed and the oral allegations had no foundational data. Considering the same, this application is allowed and the order dated 12.12.2007 passed by the Chief Judicial Magistrate, Nalanda at Biharsharif in Asthawan P.S. case No.136 of 2007 is quashed. Narendra/ ( Anjana Prakash, J. )