IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15467 of 2008 MANISH KUMAR SHARMA son of Yugal Kishore Sharma, resident of Nirmali, P.S.-Nirmali, Dist.-Supaul. …… …… Petitioner Versus STATE OF BIHAR ….. …..Opp.Party. ----------- 2. 24.6.2010. Heard Mr. N.K.Agrawal, learned senior counsel appearing on behalf of the petitioner and Mrs. Indu Bala Pandey, learned Additional Public Prosecutor for the State. The petitioner, while invoking inherent jurisdiction of this court under section 482 of the Code of Criminal Procedure, has prayed of quashing of the order dated 16.2.2008 passed in Nirmali P.S. Case No.3 of 2007, G.R. No.17 of 2007. By the said order learned Sub. Divisional Judicial Magistrate, Birpur, has taken cognizance of the offence under section 7 of the Essential Commodities Act. Mr. N.K.Agrawal, learned senior counsel appearing on behalf of the petitioner, while pressing the petition, has argued that the present case was instituted on the basis of a report submitted by the Supply Inspector, who, according to Mr. Agrawal, was not competent either to conduct any enquiry or submit a report for lodging first information report. It was submitted that for the offence relating to fertilizer the competent authority was the Inspector appointed under the Fertilizer Control Order, 1985. However, after some argument, learned counsel for the petitioner seeks permission to withdraw this petition with liberty to raise all the points which have been raised in the present 2 petition or any other points if available to the petitioner before the court below at an appropriate stage. Prayer is allowed. The petition is dismissed as withdrawn with liberty as indicated above. Md.S. ( Rakesh Kumar, J.)