It has been submitted by the learned counsel for the petitioner that against the letter dated 17.06.2011 by which the petitioner was directed to deposit the amount of left over rice, he had filed a writ petition being C.W.J.C. No. 16875 of 2011 and by order dated 30.01.2012 the Hon’ble Court had directed the District Magistrate, Purnia, to decide the dispute with respect to the PDS Dealer under the SGRY Scheme by which the petitioner was directed to deposit the amount of the left over rice which was stocked by him as a PDS Dealer under SGRY Scheme considering the fact that rice is a perishable item and thereafter to pass appropriate order. However, it appears that it was not brought to the notice of Court that prior to passing of the order dated 30.01.2012 FIR was lodged on 08.08.2011 and the matter was being investigated by the police after lodging of the FIR by the competent authority. The petitioner had earlier also moved before this Court in Cr. Misc. No. 17547 of 2013 for institution of FIR against him but the same was dismissed by order dated 06.05.2014 that due to passage of time the petition has become infructuous as the police has already concluded the investigation and submitted chargesheet in the case. The Cr. Misc. No. 17547 of 2013 was dismissed having becoming infructuous. On the basis of the chargesheet, police report and the case diary, the court below has
