Judgment 1. Heard. 2. This application under Sec. 482 Cr.P.C. has been filed to quash the order of cognizance dated 18.1.2006 passed by Sri S.N. Mishra, Judicial Magistrate, 1st Class, Sikrahna at Motihari in Trial No. 3008 of 2006 thereby and thereunder cognizance under Sections 304, 323, 504 and 406 I.P.C. has been taken against the petitioners. 3. It appears from the record that on the relevant date, petitioner no. 1, Shankar Kumar Jha was Sub Divisional Agriculture Officer, Sikrahna at Motihari and petitioner no. 2 is his driver. Opposite party no. 2, Shankar Singh is a licensed Fertilizer Dealer. It further appears that on 27.11.2005, the petitioner no. 1 searched the business premises of the opposite party no. 2 and found certain irregularities. The bags of fertilizers were also handed over to the opposite party no. 2 on Zimmenama. Thereafter, after observing other legal formalities etc., the petitioner no. 1 filed an F.I.R. against the opposite party no. 2 in which the opposite party no. 2 has been prosecuted under Section 7 of the E.C. Act alongwith other Sections. 4. It appears that on the date on which the petitioner no. 1 searched the business premises of the opposite party no. 2 and when it was detected that certain irregularities have been committed by the opposite party no. 2, he immediately lodged complaint case against these petitioners with allegations which do not appear to probable. aopparently, this case has been instituted against the petitioners with malice and ulterior motive. No sanction has been obtained under Sec. 197 Cr.P.C. for prosecuting the petitioner no. 1 who is a Government servant. 5. Thus, having regard to the facts and circumstances of the case, it is quite clear that it is a misuse of process of the court. Accordingly, this application is alowed and the impugned order is hereby washed.