JUDGMENT

DESAI, J.:—Whether in view of the provision contained in Section 11 of the Essential Commodities Act, 1955, (Act for short), a Court taking cognizance of any offence punishable thereunder, upon a police report is precluded from looking into the complaint or first information report filed before the Court or that it must keep itself exclusively confined to the report submitted by the police, is a question raised in this appeal by special leave from a decision of the Division Bench of the Patna High Court. Incontrovertible facts are that one Mahesh Kant Jha, presumably an Executive Magistrate at Jamtara in Santhal Parganas District of Bihar State, after a raid and search of the residential house in possession of appellant 1, submitted a report to the Sub-Divisional Magistrate, Jamtara, complaining therein that appellant 1 contravened the provisions of the Bihar foodgrains Dealers Licensing Order 1967, and he may be proceeded against under S. 7 of the Essential Commodities Act, 1955. The Sub-Divisional Magistrate on receipt of this report made a cryptic order directing the report to be forwarded to the officer-in-charge of police station having jurisdiction in the area to tak