IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1114 of 2008 JAGNARAYAN KUMAR son of Paras Nath Kumar resident of village Birpur, P.S. Agiaon Bazar, Distt. Bhojpur. Versus 1. STATE OF BIHAR 2. The Superintendent of Police, Bhojpur at Arrah 3. The Deputy Superintendent of Police, Bhojpur at Arrah 4. The Officer-in-charge, Piro ----------- 2 20/03/2009 This writ application has been filed for quashing of the F.I.R. of Piro P.S. Case no. 246/2007 giving rise to G.R. No. 3292 of 2007 registered under sections 18( c), 27(b)(ii) of the Drugs and Cosmetics Act, 1940. Learned counsel for the petitioner submits that the investigation of the case is not being properly conducted. Although the shop of the petitioner was raided on 21.9.2007, the instant F.I.R. has been lodged after an inordinate delay of more than one year on 27.11.2007. In an application under Article 226 of the Constitution of India, except under extraordinary circumstances, no F.I.R. can be quashed. In any event merely on the ground of delay F.I.R. cannot be quashed as has been held by the Apex Court in the case of Superintendent of Police, Karnataka Lokayukta and another Vs. B. Srinivas reported in (2008) 8 SCC, 580. It will be open to the petitioner to file an appropriate application at an appropriate stage after the chargesheet is filed and cognizance is taken against him. - 2 - With the above observation, this writ application stands dismissed. (J. B. Koshy, CJ.) AMIN