IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29772 of 2008 Nagendra Chaubey, Son of Haribansh Chaubey, Resident of Village Lakshmipur, P.S. Barari, District Katihar, at present residing at Mohalla Paikpar Bhargawan, P.S. Bhargawan, District Araria. ---- Petitioner Versus The State Of Bihar ---- Opposite Party For the petitioner : Mr. N.K. Agrawal, Sr. Advocate Mr. D.N. Tiwary, Advocate For the State : Mr. Jharkhandi Upadhyay, A.P.P. ----------- 2 23.6.2011 This application has been filed for quashing the order dated 19.3.2007 passed in Terhagachh P.S. Case No. 63 of 2000 (G.R. Case No. 253(A) of 2007) by the Chief Judicial Magistrate, Kishanganj by which cognizance has been taken under Section 7 of the Essential Commodities Act. The allegation in the First Information Report is that 127 quintals of wheat and 85 quintals of sugar was found stored in the godown owned by Md. Habib. Petitioner’s name has transpired during investigation. It is specific assertion in the petition that the petitioner is not present at the spot and the P.D.S. dealer filed an application before the Court below stating that these items belong to him and as such they should be released in his favour. If the items belong to newly 2 appointed P.D.S. dealer and are kept in the godown of Md. Habib, it cannot form the basis for institution of a case under Section 7 of the Essential Commodities Act. Since nobody is appearing for the petitioner to press this application, these aspects of the matter should be considered by the Court below at the time of framing of charges, if not, already done and if such material is brought on record on behalf of the petitioner. This application is disposed of with the aforesaid observations. Sanjay ( Sheema Ali Khan, J.)