IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.4233 OF 2003 1. BINAY KUMAR, SON OF THAKUR SAH, RESIDENT OF SIKTA (HARIPUR), POLICE STATION SIKTA, DISTRICT WEST CHAMPARAN 2. PRAVEEN KUMAR, SON OF SHRI SURESH PRASAD, RESIDENT OF SIKTA (GHARANPUR), POLICE STATION SIKTA, DISTRICT WEST CHAMPARAN …………………………………………………………………………..PETITIONERS VERSUS 1. THE STATE OF BIHAR ……………………………………..OPPOSITE PARTY ******** FOR THE PETITIONERS :- MR. BINOD KUMAR MISHRA, ADVOCATE FOR THE S T A T E :- MR. JHARKHANDI UPDHAYAY, A.P.P. ************ 11 07/02/2011 Heard Counsel for the petitioners and the A.P.P. appearing on behalf of the State. The petitioners come under the Public Fair Price Dealers. Some wheat and rice was provided for the purposes of distributing them to Red Card holder by the Fair Price Dealers. It appears that there were some anomalies in the distribution of wheat and rice. Learned Counsel for the petitioners relies on Annexure-7, order passed by this Court. The facts of that case is very different from the facts of the present case. This Court had passed an order on the ground that the petitioner who was Fair Price Dealer was entitled to stock the items sold in the fair price shop and since the Unification Order has not come into existence, the authorities concerned could not have instituted the First Information Report. This Court finds that it cannot quash 2 the First Information Report of Sikta Police Station Case No. 43 of 2002. After investigation and submission of charge sheet, this Court will be in a position to know whether the facts alleged are correct or not. This application is disposed of with liberty to the petitioners to challenge the order of discharge, if so advised. Anand ( Sheema Ali Khan, J. )