IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18246 of 2009 Mojibur Rahman, son of Motiur Rahman, village Paharpur, PS Baheri, District Darbhanga – petitioner. Vs. 1. The State of Bihar, 2. Sri Parmanand Singh, son of Raj Kumar Singh, then Subdivisional Officer, Sadar, District Darbhanga, resident of village Babhangama, PS and District Lakhisarai – opp. parties. 3 26.4.2010 Heard learned counsel for the parties. This application has been filed for quashing the order, dated 2.1.2009 passed by the Subdivisional Judicial Magistrate, Darbhanga in Baheri PS Case No. 136/2006 by which the petition filed under section 239 of the Cr.P.C. has been rejected. The case diary was called in this case and has been examined by the State counsel. The defence of learned counsel for the petitioner is that he could not distribute the rice to the labourers under the “Food For Works Scheme” on 12.4.2005 as he did not have the stock in his godown / shop. In the FIR it is stated that he received the stock of 730 quintals of rice on 6.6.2005. Learned counsel submits that he distributed the rice after receiving the stock whereas the allegation in the diary is that the coupons of the labourers were filled up on 12.4.2005 showing that the petitioner had distributed the rice to some genuine and some fake labourers. The defence of the petitioner cannot be examined at the stage of section 239 of the Cr.P.C. This application is dismissed. haque (Sheema Ali Khan, J.)