IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42638 of 2008 PANKAJ KUMAR GUPTA, son of Sri Yamuna Prasad Gupta, village Hasauna, Ps Kadwa, District Katihar – petitioner. Versus STATE OF BIHAR ----------- 4 14.1.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This application has been filed for quashing the F.I.R. of Kadwa PS Case No. 116 of 2008 for the offence under section 7 of the Essential Commodities Act. The F.I.R. has been instituted by Rajendra Ram, Sub Inspector of Kadwa Police Station in which he has specifically stated that he intercepted a truck carrying rice on the Kadwa main road going towards Sanauli. It has specifically been stated in the F.I.R. that Abhay Singh, the driver was apprehended whereas one person jumped out of the truck and ran away. The driver disclosed that the rice loaded on the truck was purchased by Pankaj Sah and was being taken to his godown. It has also been disclosed by the driver that the person who jumped out of the truck was Pankaj Sah, son of Kailash Sah, resident of Sanauli, PS Kadwa. This court had called for the case diary and at paragraph 16 of the case diary the police has recorded that Abhay Singh has stated that Pankaj Sah was the person who jumped out of the truck and run away when the police apprehended the truck. Mr. N.K. Agrawal, learned senior counsel for the petitioner submits that Ravi Kumar Sah who is the Up-Mukhiya and 2 brother of Pankaj Sah has got the name of this petitioner implicated as both of them do not have good relationship. It is submitted that there is an effort by the Investigating Officer to change the name of the accused persons in order to oblige the Up-Mukhiya. Mr. Agrawal further submits that this attempt by the Officer Incharge to change the course of investigation through Abhay Kumar, the driver is, blatant misuse of his power as an Sub Inspector. The other submission made on behalf of the petitioner is that under the Act the Sub Inspector is not entitled to lodge an F.I.R. against a P.D.S. dealer. This aspect of the matter is not being considered at this stage as the P.D.S. dealer has not moved this court in this matter. I am not inclined to interfere in this matter at this stage as the investigation is still pending. However, I think it would be proper for this Court to bring to the notice of the Superintendent of Police, Katihar about the manner in which the investigation is taking place in the present case so that, if the Superintendent of Police finds that the matter requires to remedied, he may do so. This application is disposed of with the aforesaid observations. Let a copy of this order be sent to the Superintendent of Police, Katihar by Fax at the copy of the petitioner. haque (Sheema Ali Khan, J.)