IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2800 of 2009 ASHUTOSH KUMAR SON OF LATE JIWAN PD., RESIDENT OF VILLAGE KHUDAGANJ (BAZAR), P.S. KHUDAGANJ, DISTT- NALANDA ….. PETITIONER. Versus THE STATE OF BIHAR …… OPPOSITE PARTY. ----------- For the Petitioner : Mr. Bibhuti Ranjan Sonvadra, Advocate Mr. Sabal Kumar Jha, Advocate For the State : Mr. G.C. Sharma, A.P.P. --------- 3. 28.7.2010 The petitioner seeks quashing of the order dated 13.5.2008 passed by Additional Chief Judicial Magistrate, Hilsa in Khudaganj P.S.case No.45 of 2006 by which he, disagreeing with the final report submitted by the police, has taken cognizance u/s. 7 of the Essential Commodities Act. The case of the prosecution is that a raid was conducted in the premises of one Dinesh Prasad, from where 390 liters of blue kerosene oil was seized suspected to be kept for purposes of black marketing. The said Dinesh Prasad was arrested there and it was learnt that the petitioner and the said Dinesh Prasad were indulging in black marketing. However, no material was collected against the petitioner during course of investigation and, therefore, final report was submitted against the petitioner. Disagreeing with the same the Magistrate has taken cognizance but has not applied his judicial mind on the same since the order taking cognizance appears to be totally perfunctory. Considering the same, this application is allowed and the order dated 13.5.2008 passed by Additional Chief - 2 - Judicial Magistrate, Hilsa in Khudaganj P.S.case No.45 of 2006 is quashed. Narendra/ ( Anjana Prakash, J. )