Binay Kumar Gupta @ Chunnu Gupta @ Vijay Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23777 of 2013 Arising Out of PS.Case No. -391 Year- 2011 Thana -SHERGHATI District- GAYA ====================================================== Binay Kumar Gupta @ Chunnu Gupta @ Vijay Kumar Gupta , son of Late Gupteshwar Prasad Gupta Resident Of Mohalla Satsang Nagar, Dak Banglow Road, Police Station Sherghati, District Gaya. .... .... Petitioner/s

Versus

The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

For the Opposite Party/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 17-03-2016 Heard Sri Ramashish, learned counsel for the petitioner and learned A.P.P.

The petitioner, in this case has prayed for quashing of order of cognizance dated 24.1.2013 passed by learned Sub Divisional Judicial Magistrate, Sherghati, whereby the learned Magistrate has taken cognizance of offence under Section 7 of the Essential Commodities Act, Section 3, 4 and 6 of the Liquid Petroleum and Natural Gas Act. He submits that on the basis of statement of only one of the witnesses the petitioner has been made accused whereas no search was conducted in the business premises of the petitioner. On this ground a prayer has been made for quashing of the order of cognizance, whereas on perusal of the order of cognizance it is evident that the learned Magistrate

Patna High Court Cr.Misc. No.23777 of 2013 (2) dt.17-03-2016 2/2 has taken cognizance after the petitioner along with one another accused was forwarded as accused in column no. 11 of the charge sheet.

I do not find any defect in the order impugned warranting interference.

The petition stands dismissed.

(Rakesh Kumar, J) Praful/- U T