IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19798 of 2008 Raj Narain Singh, son of Late Maheshwar Prasad Singh, resident of Village-Narwara, P.S. Tariyani, District- Sheohar…………………………………………..Petitioner. Versus The State Of Bihar………………………..Opposite Party. ---------------------------------- 3. 20.10.2011. Heard Mr.Basant Kumar Singh, learned counsel for the petitioner and Mr. Jharkhandi Upadhyay, learned A.P.P. for the State. This application, under Section 482 of the Code of Criminal Procedure, has been filed on behalf of the petitioner for quashing the order dated 8.11.2007 passed by the Sub Divisional Judicial Magistrate, Sheohar, Sitamarhi, in Tariyani P.S. Case No.94 of 2003, T.R. No.1358 of 2007, taking cognizance of the offence under Section 7 of the Essential Commodities Act. Learned counsel appearing on behalf of the petitioner submits that on the basis of the written report of Chhotelal Chaudhary, Tariyani P.S. Case No.94 of 2003, was instituted on 18.10.2003, under Section 7 of the Essential Commodities Act, against the petitioner in which the police has submitted final form due to lack of evidence, but the learned Magistrate 2 took the cognizance against the petitioner under Section 7 of the Essential Commodities Act without assigning any reason to defer with the final form submitted by the police. The allegation against the petitioner, who is said to be fair price shop dealer, is that he sent 24 bags of wheat for selling in the market in block on bullock carts, which was collected by the petitioner in course of distributing the flood affected people by providing less quantity to the flood affected people. Annexure-‘2’ to this application goes to show that on investigation, the police submitted the final form against the petitioner due to lack of evidence. Thereafter, the learned Sub Divisional Magistrate, deffering with the same, took cognizance of the offence under Section 7 of the Essential Commodities Act against the petitioner. The impugned order dated 8.11.2007 goes to show that the same has been passed by the learned Sub Divisional Judicial Magistrate without assigning the reason to defer with final form in a mechanical way. Setting in motion the criminal proceeding by taking the cognizance of offence is serious concern. As such, the impugned order dated 8.11.2007, passed 3 by the Sub Divisional Judicial Magistrate, Sheohar, Sitamarhi, in Tariyani P.S. Case No.94 of 2003, T.R. No.1358 of 2007, is hereby quashed and the application is allowed. The matter is remitted back to the learned Sub Divisional Judicial Magistrate, Sheohar, Sitarmahi, for fresh consideration and to pass a reasoned order in accordance with law. P.S. (Rajendra Kumar Mishra, J)