IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.440 of 2010 NARESH PRASAD YADAV @ NARESH YADAV SON OF LATE KOKAI PRASAD YADAV, RESIDENT OF VILLAGE- GANESHPUR, P.O.-KHARIK, P.S. KHARIK, DISTRICT- BHAGALPUR.. Versus 1. STATE OF BIHAR 2. THE DISTRICT SUPPLY OFFICER, BHAGALPUR, DISTRICT- BHAGALPUR. 3. THE SUB-DIVISIONAL OFFICER, NAVAGACHHIYA, DISTRICT- BHAGALPUR. 4. THE BLOCK SUPPLY OFFICER, KHARIK, DISTRICT- BHAGALPUR.. ----------- 2 05.01.2011 Heard learned counsel for petitioner and the State. A supplementary affidavit has been filed on behalf of the petitioner. It is submitted on behalf of the petitioner that lodging of the FIR is not within the competency of the police officials and as a matter of fact for the violation of any of the provisions of the Essential Commodities Act, the Supply Inspector has to take the necessary action. Learned counsel for the State submits that from the perusal of the FIR it would appear that the petitioner has cheated the beneficiary of the persons below the poverty line, inasmuch as had torn their coupons and made some false endorsement and as such, the case which has been lodged against the petitioner is within the purview of the law. Considering the rival submissions of the party 2 and in view of the nature of allegations levelled in the FIR, I am not inclined to interfere in the matter. This writ application is accordingly dismissed. However, it goes without saying that the petitioner will be at liberty to take all such remedies available to him at the time of framing the charge. Amrendra (Shailesh Kumar Sinha, J.)