IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18500 of 2009 1. Shiban Roy son of Late Sitha Roy 2. Ram Jiban Roy @ Jeban Roy son of Late Sitha Roy 3. Naresh Roy son of Sahindra Roy alias Bhutu Roy 4. Vishwanath Roy S/o Late Ram Chandra Roy 5. Lakhinder Rai alias Bhullu Rai S/o Shiban Rai, All resident of village Bajitpur Maiyari Tola Daha, P.S. Sarairanjan, District Samastipur ….. Petitioners Versus The State Of Bihar ----------- 2. 24.6.2011 The petitioners have prayed for quashing the order dated 11.10.2007 passed by the S.D.J.M., Dalsingsarai in Ujjiarpur P.S. case no.109 of 2006, by which it has taken cognizance u/ss.7/8 of the Essential Commodities Act. The case of the prosecution is that one Suresh Mahto was aggrieved with the action of one Ashok Kumar Roy, a P.D.S. dealer for not giving him kerosene oil and instead selling it in black market. To stop the same the informant and other co-villagers on suspicion caught one Lakhinder Roy, petitioner no.5, along with 80 liters of kerosene oil on the ground that he was bringing the said kerosene oil after it was sold to him in black market by the P.D.S. dealer Ashok Roy. Thereafter, the other co-accused persons came there and forcibly got him freed. The allegation was that accused Ashok Roy was indulging in black marketing and Lakhinder Roy was assisting him in doing so. The simple argument raised on behalf of the petitioners is that u/s.11 Essential Commodities Act, no private person could have instituted a case of this nature and - 2 - even conceding the entire allegations in the First Information Report. Admittedly, it is based only on suspicion and speculation. Considering the same, this application is allowed and the entire proceeding of Ujjiarpur P.S. case No.109 of 2006 including the order dated 11.10.2007 passed by the S.D.J.M., Dalsingsarai in Ujjiarpur P.S. case no.109 of 2006 is quashed. Narendra/ ( Anjana Prakash, J. )