IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1184 of 2008 AWADHESH KUMAR SINGH s/o Kalidev Singh R/o village Karhi P.S. Arer (Benipatti) District Madhubani. ………..Petitioner. Versus 1. STATE OF BIHAR. 2. The Superintendent of police, Madhuani. 3.The Collector, Madhubani. 4.The Circle Office r, Benipatti. 5.The Officer In-chare, Arer (Benipatti) Police Station ……Respondents) For the Petitioner … Mr. Ashok Kumar Jha. For the State : Mr.Ram Chandra Pd.Bharti.S.C.14. Mr. Santosh Kumar Singh, A.C. to S.C.14. 3. 27.03.2009 This application has been filed for a direction to the respondents to withdraw the F.I.R. under Benipatti (Arer) P.S.Case no. 275 of 2008 U/s 420, 406,409, 467, 468 and 471/34 I.P.C. registered against the petitioner and eleven others as named in the F.I.R. The F.I.R. was registered on the report of the Anchal Adhikari, Benipatti wherein it was alleged that Dhaneshwar Mahto and others had complained that the petitioner and eleven others, named in the F.I.R. were members of Aanushrawan Committee committed misappropriation of money and grain which was given to them for distribution to the flood affected victims inasmuch as it was not so distributed to the six complainants. Along with the report of the Anchal Adhikari, enquiry report of the Addl. Collector, Madhubani was also annexed wherein it was mentioned that the six complainants namely, Dhaneshwar Mahto, Anand Mohan Singh, Most. Kunti Devi, most. Kusuma Devi, Most.Rekha Devi and Umesh Ram had filed a joint petition alleging non- distribution of money and grains to them and an enquiry was also made by the Addl. Collector and the statement of those persons were taken and in their statements, they stated about the non-distribution of money and grain. On the basis of the enquiry report of the Addl. Collector, the District Magistrate, Madhubani directed for lodging of F.I.R. and, thereafter, the Anchal Adhikari, Benipatti sent his written report to the Police Station and, accordingly, the F.I.R. was lodged. Along with the report of the Anchal Adhikari, affidavits of complainants were also attached. After lodging the F.I.R., investigation proceeded. Petitioner has also filed Anneure-2 series which contains the affidavit of six persons who have stated in their affidavit that they have received requisite relief of Rs.250/ and one quintal wheat each. Be that as it may, but the very enquiry as conducted by the Addl. Collector indicates prima facie material in support of the allegation, hence, the F.I.R. cannot be ordered to be withdrawn at this stage as baseless. The investigation is proceeding. No doubt, the petitioner has come up with affidavit of some witnesses who are saying against the case of prosecution that they have received requisite money and grain as was intended to be distributed. But it is not known as to who and under what circumstances has sworn the affidavit. There is no ground at this stage to quash the F.I.R. Therefore, this application is dismissed, but with an observation that the petitioner will produce the affidavits before the I.O. who will give proper consideration to it, while taking final decision in the matter in the investigation. Jay/ (C.M.Prasad,J)