IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.57072 OF 2007 RAMDEO YADAV, SON OF LATE LADER YADAV, RESIDENT OF VILLAGE YADAWPUR, POLICE STATION ARA MUFASSIL, DISTRICT BHOJPUR VERSUS THE STATE OF BIHAR ******** 3 24/02/2011 This application has been filed against the order dated 10.09.2007 passed in Barhara (Krishnagarh) Police Station Case No. 54 of 2007 by which the Sub Divisional Judicial Magistrate, Ara has taken cognizance for the offence under Section 7 of the Essential Commodities Act. Learned Counsel for the petitioner submits that final form was submitted and the Sub Divisional Judicial Magistrate had passed an order asking the petitioner to face trial under Section 7 of the Essential Commodities Act without giving any reason for differing with the final form. Counsel for the petitioner relies on the decision in the case of Kumar Anjani vs. the State of Bihar [2011 (1) PLJR 393]. This Court by an earlier order had called for the case diary to examine whether the Sub Divisional Judicial Magistrate was justified in passing the order differing with the final form. There are two types of evidence against the petitioner. It is submitted on behalf of the petitioner that apart from the fact that he is named 2 in the confessional statement of the bullock-cart driver, there is no direct evidence which would led to the conclusion that the rice seized belong to the petitioner. All these aspects of the matter may be raised by the petitioner at the stage of framing of the charges. For the present, this application is dismissed. Anand ( Sheema Ali Khan, J. )