The Magistrate has the power to order the reopening of the investigation even after accepting the final report stating non-availability of a clue, as per Section 173(8) of the CrPC. The Investigating Officer can reopen the investigation on the basis of fresh materials that were not available during the initial investigation.

1. Both these cases were heard together as similar questions are involved in both of them and they are being disposed of by this common judgment.

2. Criminal Revision No. 983 of 1980 has been filed by petitioner Ram Autar Jalan to set aside the impugned order, dated 2nd Sept. 1980 passed in G. R. Case No. 1252 of 1977 arising out of Muzaffarpur G.R.P.S. Case No. 3(7) 77 and Criminal Revision No.1034 of 1980 has been filed by the five petitioners, namely, Gobind Prasad, Hari Prasad Goenka, Girja Shankar Agrawal, Shiv Bhagwan Khemka and Parmeshwar Lal, for setting aside the impugned order dated 2nd Sept., 1980, passed in G.R. Case No. 1251 of 1977 arising out of Muzaffarpur G.R.P.C. Case No. 2(7)77.

3. The facts of criminal revision No. 983 of 1980, in short, are that the petitioner is a partner of a firm at Gorakhpur and is a licensee under the Uttar Pradesh Foodgrains Dealers Licensing Order and the Licence bears No. 319 renewed up-to-date. By virtue of the licence granted to the petitioner under the aforesaid Licensing Order, the petitioner carries on business in foodgrains at Gorakhpur and at the same time does business of financing the negotiable R/R (Railway Receipt) of foodgrains from outside Uttar Pradesh and to outside Uttar Pradesh as well. Similarly, the petitioners of Cr. Rev. No. 1034 of 1980 are partners of the different firms carrying on business in foodgrains in the State of Uttar Pradesh under a valid licence granted under the aforesaid licensing Order. The petitioners carry on business in foodgrains in Gorakhpur and at the same time do business of financing the negotiable R./R. (Railway Receipts) from outside Uttar Pradesh to outside Uttar Pradesh as well.

4. In Cr. Rev. No. 983 of 1980, it appears that on the 11th July, 1977, a first information report was lodged by Sharda Prasad Shivastava, Assistant Marketing Officer, Muzaffarpur, stating, inter alia, that on a confidential information, he along with Madhuban Das, Supply Inspector, Muzaffarpur, enquired into an allegation regarding illegal trade in foodgrains by way of consigning foodgrains outside the State of Bihar by unlicenced dealers in fake names. In course of investigation, it came out that Arhar was despatched to Southern States in fictitious names, such as, Ganesh Prasad Baijnath Prasad from Narayanpur Anant, Muzaffarpur and Silout Railway Stations. The informant visited the railway stations and collected details of despatches. On verification of office records, it was detected that the consignors of these despatchers were not foodgrains licensees. It was also alleged that the fictitious consignors had despatched the consignments to the different railway stations in the south and in different names with forwarding notes signed by different persons. It was also alleged in the first information report that the consignors had not obtained prior approval of the District Supply Officer, Muzaffarpur, before despatching the same as contained in Memo No. 1137, dated 14-4-1977 of the District Magistrate, Muzaffarpur. On the aforesaid allegations, Muzaffarpur G.R.P.S. Case No. 3(7)77 against (1) Ganesh Prasad and (2) Baijnath Prasad, Muzaffarpur was registered under S. 7 of the Essential Commodities Act (for short the E.C. Act) and S. 420 of the Indian Penal Code (for short the Penal Code).

4A. In Cr. Rev. No. 1034 of 1980 it appears that on the 11th July, 1977, a first information report was lodged by the same Sharda Prasad Shivastava, Assistant Marketing Officer, Muzaffarpur, alleging, inter alia, that he along with Shri Madhusudan Das, Supply Inspector, Muzaffarpur, visited Silout railway station on 29-5-1977 to collect information to find out the truth about the despatch of foodgrains in fictitious names outside the State of Bihar and while they were collecting informations, they came to know from the Station Master that a wagon was ready to leave Silout railway station for Salem Market in Tamil Nadu State with 235 bags of Arhar. They verified the