IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2859 of 2010 UPENDRA SINGH, SON OF CHHATHU SINGH, RESIDENT OF VILLAGE KUNDWA CHAINPUR, P.S. KUNDWA CHAINPUR, DISTT. EAST CHAMPARAN. ------- PETITIONER Versus THE STATE OF BIHAR ---- OPPOSITE PARTY. ----------- 3. 03.09.2010 Heard the parties. The petitioner seeks quashing of the First Information Report wherein Kundwa Chainpur P.S. Case No. 22 of 2009 registered under Section 7 of the Essential Commodities Act, 414 and 120B of the Indian Penal Code. The petitioner has submitted that the prosecut9on case was three Bullock-carts going to Nepal Border were seized upon which 54 bags fertilizer and 15 bags of Cement were loaded. The fertilizers belong to the co-accused Jagdish Sah whereas the Cement bags belong to the petitioner. It has been submitted that since Cement does not come within the control led item, the petitioner is not punishable under Section 7 of the Essential Commodities Act. Since the present First Information Report has been instituted with regard to Fertilizers as well as the Cement and it will be improper for this Court to quash the First Information Report bifurcating the case of the petitioner, this application is being disposed of only with the direction to the Investigating Officer to consider this matter and conclude its investigation within a period of two months from the date of receipt of this order. 2 With this observation, this application is disposed of. Let this order be communicated to the Investigating Officer, Kundwa Chainpur, through the Superintendent of Police, Motihari, in Kundwa Chainpur P.S. Case No. 22 of 2009, through FAX at the cost of the petitioner. S.Ali ( Anjana Prakash, J.)