IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32248 of 2008 1) Arun Kumar son of Shri Hazari Prasad, 2) Pirthvi Chandra Sah, son of Late Mahadeo Sah, both of Birndawan Mushari, PS Tariyani, Dist. Sheohar – Petitioners. Vs. The State of Bihar. 2 30.6.2011 Heard the parties. The petitioners have filed this application for quashing the order, dated 19.4.2008 passed by the Subdivisional Judicial Magistrate, Sheohar in Tariyani PS Case No. 136/2006 by which cognizance for the offence under section 7 of the Essential Commodities Act has been taken. The final report was submitted in favour of the petitioner stating that the allegations are false and fabricated. It is also stated that petitioner no.2 is not a retail dealer, rather, he is the son of the retail dealer and the court below had no reason to take cognizance against him. This aspect of the matter may be raised at the stage of framing of charges, if not already framed. The court may consider the fact that petitioner no.2 is not the dealer and, therefore, cannot be held responsible for purchase or sale of the fertilizer and thereafter pass appropriate orders. This application is disposed of with the aforesaid observations. haque ( Sheema Ali Khan, J.)