Ram Nandan Prasad, J. - The prayer in this application is to quash the order dated 1.3.1984 whereby the learned Special Judge, Sitamarhi has taken cognizance of the offence under section 7 of the Essential Commodities Act (hereinafter referred to as the 'Act') against the petitioners and ordered for issue of summons to them for appearance in court for standing trial. It has also been prayed that the entire criminal proceedings against the petitioners in that case (G.R. Case. No. 611/83 T.R. No. 27/84) be quashed.

2. Petitioner no.1 M/s Mithila Cycle Centre is a Partnership Firm having its place of business at the Main Road, in the town of Sitamarhi and petitioner no. 2 Suresh Kumar Hisaria is a partner of this firm. Petitioner no.3 Sajan Kumar Hisaria is the brother of petitioner no 2. Petitioner no. 4 Hansraj Agrawal is a resident of Janakpur Dham, Nepal and is said to be the proprietor of M/s Mahabir Cycle Stores situated there. The case was instituted on the basis of first information report lodged by one Jamuna Singh S. I. of Police (Food) Bhithamore Check-post, P.S. Sursand District Sitamarhi on 30.9.88 at 4 p.m. The first information report states that at about 12.15 p