IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.874 of 2008 1. SATYA NARAYAN SAH son of Late Chhedilal Sah 2. Pintu Sah son of Sri Satyanarayan Sah 3. Vijay Kumar Sah son of Late Chhedilal Sah All residents of Village Boliya, P.S. Manihari, District- Katihar. . . . . Petitioners. Versus 1. THE STATE OF BIHAR 2. The District Magistrate, Katihar. 3. The Superintendent of Police, Katihar. 4. The Officer-in-charge of Manihari Police Station, District- Katihar. 5. Md. Javed Akhtar, son of Md. Yakoob Ali, resident of Village Boliya, P.S. Manihari, District- Katihar. . . . . Respondents. ----------- 4/ 29.06.2010 Heard learned counsel for the petitioners and the State. In the instant application, the petitioners have prayed for quashing the First Information Report of Manihari P.S. case no. 79 of 2008 under Sections 409, 420, 120 B / 414 of the Indian Penal Code and Section 7 of the Essential Commodities Act. A Tractor and trailer loaded with rice and maize was seized. On query, the inmates stated that the rice is of B.P.L. Scheme and they purchased it from the petitioners. Learned counsel submits that the rice does not pertain to be the B.L.C. Scheme and in fact it belongs to one Sanjeev Kumar Sah. In this respect Sanjeev Kumar Sah, filed a complaint case bearing Complaint case no. 1482 of 2008 in the court of Chief Judicial Magistrate, Katihar. Further more, a petition has also been filed in the aforesaid case for release of the rice in question. Learned counsel submits that the Dy.S.P. in course of supervision found that the rice is not under B.P.L. Scheme and he has observed that the case is not true. A copy of the supervision note, dated 20.06.2008 of Sub-Divisional Police Officer, Manihari has been annexed as Annexure-7. However, - 2 - learned counsel very fairly submits that Superintendent of Police, Katihar has not accepted the aforesaid report. The petitioner submits that even the Block Supply Officer did not find the allegation to be true. He further submits that in paragraph 6 of the counter affidavit, it has been stated that no irregularity was found in respect of seized rice. Counsel for the State submits that the matter is under consideration of Superintendent of Police, Katihar. Having heard the counsel for the parties. It appears that the case is under consideration of Superintendent of Police, Katihar. The Superintendent of Police, Katihar is directed to conclude his supervision within a period of two months from the date of receipt / production of a copy of this order. With the aforesaid observation, this application is disposed of. Let this order be sent through FAX to Superintendent of Police, Katihar at the cost of the petitioners. Uday/ (Samarendra Pratap Singh, J.)