IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.44736 OF 2008 ANJANI KUMAR, SON OF LATE JIWACHH MAHTO, RESIDENT OF MOHALLA PANDA SARAI, POLICE STATION LAHERIASARAI, DISTRICT DARBHANGA VERSUS 1. THE STATE OF BIHAR 2. RAM BILASH MISHRA, SON OF LATE UMAKANT MISHRA, VILLAGE PRASAD, POLICE STATION MADHEPURA, DISTRICT MADHUBANI, PRESENTLY POSTED AS DISTRICT AGRICULTURE OFFICER, DARBHANGA ********* 2 01/08/2011 The petitioner has filed this application challenging the order dated 11.09.2008 passed in Bahadurpur Police Station Case No. 07 o 2008 by which the Chief Judicial Magistrate, Darbhanga has taken cognizance for the offences alleged to have been committed under Section 7 of the Essential Commodities Act. The allegation against the petitioner is that he was selling the fertilizers beyond the prescribed rate. Learned Counsel for the petitioner submits that in fact the allegations are false and would not be supported by the contents of the case diary. On going through the impugned order, I find that it is in accordance with law and a prima facie case is made out against the petitioner. This application is accordingly dismissed. However, the petitioner may raise these issues at the stage of framing of the charges, if not already framed, or else, at the stage of trial. Anand (Sheema Ali Khan, J.)