IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1043 of 2009 GOPAL AGRAWAL Versus STATE OF BIHAR & ORS ----------- 4 01.10.2010. Heard learned counsel for the parties. The petitioner prays for quashing the F.I.R. of Mansi Police Station Case No. 113 of 2009 dated 13.11.2009 registered u/s 420, 467,468,384/34 I.P.C. Petitioner was engaged in carrying on business in food grains, seeds and fertilizers at Mansi, Khagaria in the name and style of M/s Gopal Trading. On 9.10.2009 he was appointed one of the distributors of seeds of the Certified Seed programme under aegis of Rashtriya Krishi Suraksha (Gehu) [National Agriculture Security Mission], 2009-10. For the relevant period, he was allocated 465 quintals of wheat to be distributed up to 30.12.2009 amongst 305 permit holders, issued by the Block Agriculture officer (BAO) for the Mansi Block, Khagaria. Accordingly, he distributed the 465 quintals allocated wheat seeds under the supervision of the Mukhia/Ward Counselor/Member, District Board. In the meantime, the BAO issued excess permits for which he had been issued no wheat. He wrote a letter dated 6.11.2009 to the District Agriculture Officer, Khagaria pursuant to which an enquiry was made on 9.11.2009 by a team of Nodal Officer of Department of Agriculture. Enquiry team did not find any discrepancy in the concerned records, still authorities lodged the instant case also against him. He further submits that neither any beneficiary of 2 the scheme in question nor the enquiry team attributed any allegation against him. He further submits that he obtained signature of all the beneficiaries on the cash memo and also obtained their signature against the distribution in the column in the Distribution Register. A copy of the same has also been produced before this court for perusal. Counter affidavit does not controvert the statements made by the petitioner, save and except that the investigation is going on. Having heard the parties, this Court finds that up till now no material has come against the petitioner indicating any criminality or lapse on his part. As the investigation is in progress, this Court is not inclined to pass any positive order quashing the prosecution case. I am in agreement with the submission of the petitioner that as he distributed 465 quintals of Wheat to the permit holder beneficiaries of Mansi Block, no men- rea can be levied against him for non issuance of further seeds in absence of any allottment. It would be open for the petitioner to represent the IO in this regard. Till submission of final report, no coercive steps would be take against the petitioner in Mansi Police Station Case No. 113 of 2009. The writ petition stands disposed of accordingly. Shashi. (Samarendra Pratap Singh, J.) 3