IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28349 of 2008 BIRENDRA KUMAR, son of Late Chandrika Prasad, Mohalla Titaeeganj, PS Tikari, District Gaya – Petitioner. Versus STATE OF BIHAR ----------- 3 20.6.2011 The petitioner is aggrieved by order taking cognizance, dated 4.3.2008 passed by the Subdivisional Judicial Magistrate, Gaya in Tekari PS Case No. 51/1992. By the impugned order the court below has rejected the discharge petition of the petitioner. It is submitted that one Jai Ram Raut, a Thelawala was intercepted carrying 200 liters of diesel oil which was said to have been purchased from M/s. Bandana Automobile Dealers. It is said that the petitioner did not have licence to purchase the said diesel oil. A defence has been taken on behalf of the petitioner that the said diesel oil was purchased for agricultural purpose. Learned counsel for the petitioner relies on a decision of this court in Cr. Misc. No. 13409/1992, disposed of on 27.11.1997 which was filed by M/s. Bandana Automobiles through its proprietor Madhusudan Sao. While discussing the merit of the case of the petrol pump owner, who is said to have sold 200 liters of diesel oil to the petitioner, the court has taken consideration the provisions of section 7(2) of the Control Order which reads as follows: “No dealer shall supply exceeding 27.27 litres (6 gallons) of motor spirit and 400 liters (two barrel) of high speed 2 diesel oil to any person in tin or barrel without a written permission of the licensing authority of the area concerned.” Counsel for the petitioner submits that the court has found that sale of 200 liters oil by Bandana Automobiles was not illegal and, therefore, has quashed the order of cognizance against Bandana Automobiles. It is submitted that the case of the petitioner would stand on a better footing as if there was any violation, it was made by M/s. Bandana Automobiles who had sold the diesel to the petitioner. As this court has quashed the order of cognizance, I do not see any reason to proceed with the case as far as the petitioner is concerned and as such the order, dated 4.3.2008 relating to Tekari PS Case No. 51/1992 is hereby quashed. This application is allowed. haque ( Sheema Ali Khan, J.)