IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.43444 OF 2008 RAMESH RAJAK RESIDENT OF MANGANJ PURAB, POLICE STATION JADIA, SUPAUL Versus STATE OF BIHAR ----------- 4 13.04.2010. Heard learned counsel for the parties. The petitioner has prayed for quashing the FIR including the entire criminal proceeding arising out of Jadia Police Station case no. 106 of 2007 dated 6.12.2007 under section 7 of the E. C. Act. On a clue, the informant, Block Supply Officer, Triveniganj caught two persons, namely, Ganesh Sah and Sanjay Sah carrying two bags of rice on their cycles. On query, they stated that the same was for sale to one Dilip Chudhary. Informant with the help of villagers inspected the PDS shop of the petitioner and found shortage of 5 quintals of rice. The petitioner assailed the entire criminal proceeding on the ground that the seizure list is dated 25.11.2007, whereas as per the FIR, rice was seized on 27.11.2007. He further submitted that the seizure list does not bear signature either of the witnesses or of the person from whose possession the same was seized. The petitioner has filed suppl affidavit annexing annexure- 10 which is a petition signed by a number of villagers stating therein that the rice in question belong to Bishwanath Sah. It appears the petitioner has not specifically challenged order taking cognizance dated 13.5.2008. However, liberty is granted to him to challenge order taking cognizance in appropriate application. - 2 - The instant application stands disposed of with the aforesaid observations. It will be open to the petitioner to take all these points at the time of framing of charge. Shashi. (Samarendra Pratap Singh, J.)