The need for a thorough probe into alleged offences and the jurisdiction of the investigating agency to investigate the multi-crore paddy scam.

ASHWANI KUMAR SINGH, J.

By way of the present application preferred under Articles 226 and 227 of the Constitution of India, the petitioner seeks quashing of the first information report (for short “the FIR”) of Shakurabad P.S. Case No. 40 of 2015 dated 07.04.2015 registered under Sections 420 and 406 of the Indian Penal Code.

2. The petitioner is the proprietor of M/S Shiv Shakti Rice Mill situated at village Ayira, Police Station Shakurabad in Jehanabad District. The informant is the District Manager, Jehanabad of the Bihar State Food & Civil Supplies Corporation (for short “Corporation”) which procures paddy, entrusts it to the persons/firms that have capacity of storage and requisite plant and machinery for milling paddy for its consequent conversion into rice. The Corporation procures paddy, whereafter it is stored in godowns belonging to the Corporation and thereafter, allocated for milling to the rice millers, like, the petitioner. The rice millers after milling and processing the paddy are required to return the rice in accordance with the terms and conditions of an agreement executed between the parties.

3. In the aforesaid case, for the financial year 2012-13, the petitioner was entrusted with 18278.20 quintal paddy by the Corporation for the purpose of milling and was required to deposit 67% of Custom Milled Rice (for short “CMR”) after milling paddy to the Corporation. The CMR was required to be deposited by 31st December 2013. Despite reminders issued to the petitioner, he deposited only 7830.00 quintal of CMR. Until the date of institution of the FIR, 4416.39 quintal of CMR valuing Rs. Rs.95,63,958.00 were still due from the petitioner. It has been alleged in the FIR that the petitioner has dishonestly misappropriated and defalcated CMR valuing Rs. 95,63,958.00 entrusted to him by the Corporation. On the basis of the aforesaid allegation, the Corporation through its District Manager, Jehanabad lodged the aforesaid police case quashing whereof has been prayed.

4. Learned counsel appearing for the petitioner has contended that there was an agreement between the parties in respect of milling paddy and the parties were bound by the terms and conditions of the agreement. The informant of the case has already filed a Certificate Case bearing No. 14 of 2014-15 before the Certificate Officer for recovery of the due amount. The petitioner has also filed an objection petition and the matter is still sub judice before the Certificate Officer, Jehanabad. He has further contended that the petitioner cannot be vexed twice with the same cause of action. He has further contended that there was an arbitration clause in the agreement and in case, the informant and/or the Corporation had any grievance against the petitioner, they could have invoked the arbitration clause for redressal of the grievance. Lastly, he has contended that the petitioner has no intention to dupe the Corporation and he is still ready to return the CMR.

5. Per contra, learned counsel appearing for the Corporation has contended that a large number of FIRs of identical nature were instituted by the Corporation in different districts of the State of Bihar. The accused persons of those cases filed several writ petitions before this Court for quashing of those FIRs on more or less identical grounds. All those cases were heard together by this Court and after discussing the facts of the case and the laws involved therein, this Court has already dismissed all those cases vide an elaborate judgment dated 05.10.2015 passed in the matter of M/s. Jai Mata Di Rice Mill & Anr. Vs. The State of Bihar & Ors. and analogous cases, reported in (2015) 4 BBCJ 335.

6. I have heard learned counsel for the parties and perused the record.

7. I find substance in the arguments advanced by the learned counsel appearing for the Corporation. All the points taken by the petitioner in the present case has been considered and analyzed in detail by this Court in M/s. Jai Mata Di Rice Mil