1. Heard the parties.

2. This application has been filed for quashing the First Information Report of Akbarnagar RS. Case No. 7 of 2005, contained in Annexure-2, which has been wrongly instituted against the petitioner and others where as for the same incident the police had already registered Kajraili P.S. Case No. 8 of 2005 one day prior to the instant case and also for a direction to merge Akbarnagar P.S. Case No. 7/2005 into Kajraili P.S. Case No. 8 of 2005 as also to declare Akbarnagar P.S. Case No. 7 of 2005 as illegal, arbitrary and in violative of Section 200 of the Code of Criminal Procedure (in short the Code).

3. The facts leading to the case are that one Kajraili P.S. Case No. 8 of 2005 was instituted on 6.12.2005 under sections 418 and 420/34 of the Indian Penal Code against Sanjay Kumar Sah and another on the basis of the statement of one Ashok Kumar Nidhi, Assistant Manager of State Food Corporation, Bhagalpur. The informant had submitted a written report alleging therein that he is posted in State Food Corporation at Amarpur as a Sr. Assistant Manager Transporter agent of Food Corporation namely, Bibhishan Kumar reported him that the driver of Truck No. W.B. 03-0432 loaded with rice of 200 bags had proceeded for Amarpur Godown. He further disclosed that driver of the truck took food at Simariya Hotel thereafter he proceeded again towards Amarpur then Sanjay Kumar Sah and Jitendra Kumar Bhagat, Ex-transporter agent asked the driver to go towards Akbarnagar via Sahkund but the driver said that he has to go to Amarpur, Bhagat told the driver that he is also a transport agent so proceed towards Akbarnagar via Sahkund and he has already talked with the owner of the truck. The driver of the truck believed on their version and proceeded with truck towards Akbarnagar via Kajraili Chowk.

4. On 7.12.2005 the informant/Narendra Kumar has reported the Chief Judicial Magistrate, Bhagalpur stating therein that on 6.12.2005 he alongwith other police personnel proceeded from the police station for patrolling and he got a confidential information that rice of Food Corporation loaded on a truck has been brought and being unloaded near railway Gumti at Village Hario. The informant proceeded from village Khiraiya and while he reached near Railway Gumti he saw a truck No. W.B. 030432 standing near the Gumti where few persons were standing and others were unloading. The informant ordered to stay there and reached, thereafter three persons standing near the truck proceeded toward southern side, out of that two persons were apprehended by him and one succeeded to flee away. They disclosed their names as Chandan Kumar and Pramod Yadav. While the informant asked the name of persons unloading the bags, they disclosed their name as Niranjan Kumar Mandal Akhilesh Mandal and Mukesh Paswan who were labourers. They also disclosed the name of the driver Binod Paswan who escaped from there. Apprehended persons disclosed that they are employees of transporter of State Food Corporation namely, Bibhishan Kumar and on the direction of him the rice bags are being unloaded in the godown of Raju Sah. Accordingly the bags of rice were seized by the informant. The accused persons did not produce any paper of ownership of rice which appears to be of Food Corporation. A seizure list prepared in presence of the witnesses.

5. Learned counsel for the petitioner has submitted once the informant of Akbarnagar P.S. Case No. 7/2005 chosen to submit written report to the Chief Judicial Magistrate then that information should have been treated as complaint filed under section 200 of the Code and examination of complainant in terms of Section 200 of the Code was essential. But in this case the informant has neither been examined on solemn affirmation nor the court below has passed any order to register a case. It has been further submitted that while the informant had got wireless message about the registration of Kajraili P.S. Case No. 8 of 2005, that a tr