IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44151 of 2007 1. NAGENDRA KUMAR @ NAGENDRA PRASAD 2. HARSHBARDHN KANTH Versus STATE OF BIHAR For the Petitioners : Mr. R.K. Agrawal For the State : Mr. Parmeshwar Mehta ----------- 2. 13.01.2009 Heard learned Counsel for the petitioners and the State. The petitioners question the order of cognizance taken against him under Section 7 of the Essential Commodities Act arising out of Turkoulia (Banjaria) P.S. Case No.176 of 2005 corresponding to Trial No. 3106 of 2006. The petitioners are stated to be the employees of a L.P.G. dealership styled M/S Radhika Indane Service of which one Smt. Nitu Prasad @ Nitu Chaudhary is the proprietor. The allegations in the first information report relate to discrepancy in the stock register, shortage of cylinders, allegation of black-marketing, blank cash memo etc. Learned counsel for the petitioners submits that the prosecution of the proprietor of the firm has been quashed by this Court in Cr. Misc. No. 47741 of 2006 reported in 2007(3) PLJR 87 holding that the Bihar Trade Articles (Licenses Unification) Order, 1984 was neither workable nor enforceable as far as L.P:.G. is concerned relying upon certain earlier decision of this Court. Once the prosecution of the proprietor of the dealership has been quashed, there can be no justification for continuance of the same against the petitioners, who are only employees of the firm. Following the decision of this Court in Cr. Misc. No. 47741 of 2006, the entire prosecution of the petitioners and the order of cognizance dated 19.9.2006 arising out of Turkoulia (Banjaria) P.S. Case No. 176 of 2005 is hereby quashed. The application stands allowed. AKS/ (Navin Sinha, J.)