IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.53385 of 2007 LALAN PRASAD @ PREM PANKAJ Versus STATE OF BIHAR ----------- 3. 30.7.2008. Heard the learned counsel for the petitioner as also the learned A.P.P. for the State. The petitioner is aggrieved by order dated 5.9.2007 passed by the learned Sub Divisional Judicial Magistrate, Bhojpur at Ara in Ara Nawada P.S. Case No.294 of 2006, G.R. No.3398 of 2006 whereby cognizance has been taken against the petitioner under Section 7 of the Essential Commodities Act. It has been submitted by the learned counsel for the petitioner that although he is not named in the F.I.R., his name cropped up subsequently in course of investigation. In this connection, it has been submitted that his name has been added at the instance of one Ramjee Singh against whom he had filed an Informatory Petition No.2741 (i)/2006 on 13.11.2006 who had taken a sum of Rs.1,50,000/- from him for the treatment of his relative in the month of October, 2006 and when he made a demand for the refund of the loaned amount his name has been impleaded in the instant case. It has further been submitted that the cognizance taken against co-accused Bhudeo Pandey has been quashed vide order dated 26.9.2007 passed in Criminal Misc. No.36431 of 2007 and the case of the petitioner stands on the similar footing. I have perused the order dated 26.9.2007 which reveals that the cognizance against co-accused, Bhudeo Pandey was quashed - 2 - because he happened to be the dealer under the Public Distribution System and in view of Section 31(2) of the Bihar Trade Articles (Licenses Unification) Order, no prosecution lies against a dealer under the Public Distribution System and as such the reliance on the order dated 26.9.2007 by the learned counsel for the petitioner is misconceived. However, so far as his name being impleaded on account of enmity with Ramjee Singh is concerned, that may be his defence which he may raise at the time of framing of charge or in the trial. With the aforesaid observations, this application is disposed of. P.S. (Abhijit Sinha,J)