1. This application is directed against the order dated 17.11.2005 passed by the learned Chief Judicial Magistrate, Khagaria, in Gogri P.S. Case No. 228 of 2005, G.R. No. 1218 of 2005 whereby he has taken cognizance of offence u/s. 414 of the Indian Penal Code as also sec. 7 of the Essential Commodities Act, 1955 (hereinafter referred to as the Act).

2. According to the prosecution case based on the written report ot one Kaushlendra Kumar, Executive Magistrate, Gogri at about 5 P.M. on 19.9.2005 he received confidential information that several litres of kerosene oil had been kept in a room in the house of Md. Illiyas in Mohalla Muskipur, Road No. 14 by Ajay Choudhary of Jamalpur within Gogari P.S. illicitly {or the purposes ot selling it in black whereupon he raided the premises alongwith the police party and found the room locked. On an enquiry from Md. Iliyas it was gathered that the room had been taken on rent by the said Ajay Chaudhary some 1 1/2 months back but he was not aware of what activities were being carried on by the said Ajay Choudhary. It is said that thereafter the raiding party went to Jamalpur Bazar where Ajay Choudhary with his son were found presept and