IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30076 of 2009 1. Pappu Kumar, son of Sri Kedar Prasad Gupta, village Uchauli, PS Khizar Sarai, Dist. Gaya. 2. Dilip Kumar, son of Ramchandra Tanti, village Maksudpur Raniganj, PS Khizar Sarai, Dist. Gaya. 3. Ravindra Yadav, son of Shiv Nandan Yadav, village Khidarpura, PS Buniyadganj, Dist. Gaya. 4. Hira Das, son of Majhalu Das, village Khaira, PS Khizar Sarai, Dist. Gaya. 5. Subodh Kumar, son of Sri Birendra Sharma, village Uchauli, PS Khizar Sarai, Dist. Gaya. 6. Amrendra Kumar, son of Sri Shiv Nandan Prasad Sharma, village Uchauli, PS Khizar Sarai, Dist. Gaya. 7. Krishnadeo Prasad Yadav, son of Late Ram Kishun Yadav, village Pirkha Sarai, PS Khizar Sarai, Dist. Gaya – petitioners. Vs. 1. The State of Bihar, 2. The Collector, Gaya. 3. The Block Supply Officer, Manpur, Gaya. 4. The Officer Incharge, Buniyadganj, Dist. Gaya – opposite parties. 2 18.12.2009 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. This application has been filed for quashing the F.I.R. of Buniyadganj P.S. Case No. 84/2008 pending before the Chief Judicial Magistrate, Gaya. The case was instituted on 18.10.2008. A confiscation proceeding was also initiated with respect to the seizure of rice and wheat. Both these cases are pending and as per the submissions made on behalf of the petitioner, charge sheet has not been submitted against the petitioners. The main contention of the petitioners is that there was decontrol of rice and wheat and as such the petitioners cannot be punished for possessing and selling wheat and rice. The allegations in the F.I.R. is that the wheat and rice 2 belongs to the Food Corporation of India and as such it is alleged that the wheat and rice were misappropriated from the godown of the Food Corp0ration. The submission on behalf of the petitioners in this context is that the allegations are vague and it is not sufficient to say that there was misappropriation of stock of wheat and rice from the Food Corporation of India, rather, the prosecution should come up with a clear cut case with respect to the food centre where the misappropriation took place. It is further submitted that the misappropriation of stock of Food Corporation of India would not make the petitioners liable to be prosecuted under section 7 of the Essential Commodities Act and the offence, if any, would be under the Penal Code. Since the investigation is pending and no charge sheet has been submitted against the petitioners as yet, there is no apprehension as far as they are concerned. Accordingly I find no merit to interfere in this application for quashing the F.I.R. at this stage. This application is dismissed. haque (Sheema Ali Khan, J.)