Sikandar Prasad vs The State of Bihar.

Heard learned counsel for the petitioners and learned

counsel for the State.

This application under Section 482 of the Code of

Criminal Procedure (for short ''Cr. P.C.'') has been filed for quashing

of the order dated 02.02.2016 passed by the learned Sub Divisional

Judicial Magistrate, Begusarai in Sahebpur Kamal P.S. Case No.196

of 2014 whereby cognizance has been taken against the petitioners

under Section 7 of the Essential Commodities Act.

According to the prosecution case, 44 bags of rice

was seized by the police and, on inquiry, the informant came to know

that those bags belonged to the petitioners, who were taking the rice

for sale in black-marketing.

On completion of investigation, the police found

the allegations made in the FIR to be true and submitted charge-sheet

against the petitioners.

It would be relevant to note here that petitioner

no.2 is a P.D.S. dealer.

Considering the allegations made in the FIR,

statements of witnesses recorded under Section 161(3) of the Cr. P.C.

and the police report submitted under Section 173 (2) of the Cr. P.C.,

the learned Magistrate took cognizance of the offence punishable

under Section 7 of the Essential Commodities Act against the

petitioners and summoned them to face trial vide impugned order

dated 02.02.2016.

Regard being had to the materials collected during

investigation, I see no illegality in the order impugned passed by the

court below.

Accordingly, the application, being devoid of any

merit, is dismissed.