IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28735 of 2011 Siya Ram Singh Versus The State Of Bihar ---------------------------------- 2/ 26thAugust 2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner has been booked under Section 7 of the E.C. Act being the PDS dealer on the ground that a Thela puller, while he was carrying rice was intercepted and as per whose discloser the aforesaid rice bag belongs to the petitioner. Nowhere there happens to be disclosure with regard to the nature of the rice whether it was exclusively supplied for and to be distributed through PDS shop. However, the petitioner on his own move before the Hon’ble Court under Cr.W.J.C No. 109 of 2011 which was disposed of on 13/04/2011 wherein the petitioner had taken ground that without having taken physical verification of his shop, instant case has been registered and that was the reason behind for having a direction on this score. Subsequent Annexure i.e., Annexure-4 discloses that there was direction of S.D.M, Lakhisarai for physical verification and Annexure-5 happens to be the 2 physical verification report submitted by Block Supply Officer, Surajgarha. After perusal of the same, it is not clear whether any shortage has been found. The aforesaid report has been submitted before the S.D.M., Lakhisarai. In the aforesaid background, the petitioner has prayed for quashing of FIR of Surajgarha P.S. Case No.231/2010. Learned counsel for the State has opposed and submitted that there happens to be an allegation as is visualizing from the written report itself. After having analytical approach of the previous order passed by this Court as well as Annexure-5, it is hereby directed that if no shortage is found during the course of physical verification as communicated under Annexure-5, the concerned Officer will take necessary steps in getting the case bearing Surajgarha P.S. Case No. 231/2010 culminated without proceeding further. Let a copy of this order be communicated upon the authority concerned through fax at the cost of the petitioner. perwez (Aditya Kumar Trivedi, J.)