1 IN THE HIGH COUR T OF JUDICATURE AT PATNA Cr.Misc. No.7478 of 2011 Bishnu Deo Prasad Yadav @ Bishnu Deo Yadav Versus The State Of Bihar & Anr ----------- 2 17.10.2011 Petitioner, Bishnudeo Prasad Yadav @ Bishnudeo Yadav has prayed for quashing of F.I.R. of Bithan P.S. Case No.67 of 2009 registered uner Sections 409, 414, 420, 120(B)/34 of the I.P.C. and 7 of the E.C. Act on the ground that he happenst to be a P.D.S. Dealer and no violation of any order has been effected at his end. Krishna Mohan Jha, Block Supply Officer was informed with regard to seizure of rice and wheat by the villagers which was purchased by Ramashish Poddar from petitioner, Bishnudeo Yadav. Thereafter, seizure was made followed by inspection of the shop of petitioner and absence of petitioner prohibited the prosecution party from getting the stock verified. In spite of giving an opportunity, petitioner failed to produce the relevant registers as well as show cause. It has been contended on behalf of the petitioner that during course of hearing of anticipatory bail petition before this Court, he had produced the stock register and that was basis for granting of an anticipatory bail. 2 At the other hand the learned A.P.P. opposed and submitted that in stead of running hither and thither petitioner, being on bail, should have produced the relevant register before the I.O. as well as the prosecution party who could have ascertained the genuineness of the plea. This Court cannot substitute the investigating authority while exercising extraordinary power prescribed under Section 482 of the Cr.P.C. and that happens to be the spirit of the law enunciated by the Hon’ble Apex Court reported in (2006) 1 SCC (Cri.) page 324 as well as (2007) 14 SCC 497. As such, I do not see merit in the submission advanced on behalf of petitioner. Accordingly, petition is rejected. However, it will be opened to the petitioner to place the relevant documents before the authority concerned who would form his independent opinion without being influenced by the order impugned. PN (Aditya Kumar Trivedi, J.)