Judgment S. H. S. Abidi, J. 1. The petitioner Ghanshyam Jha has come to this court under Articles 226 and 227 of the Constitution of India for quashing the F. I. R against him and the subsequent proceeding pending in relation thereto under section 414 I. P. C. and Sec.7 of the Essential Commodities Act for violation of the Bihar Coal Control Order. 2. The facts in brief are that an F. I. R. has been lodged by the Assistant security Officer, C. C. L. , Baniadi, and others. On 28-8-1982 at about 7 A. M. when the informant, Assistant Security Officer along with others were on special patrol duty to check illegal coal mining, reached the coal depot of the petitioner, they found a board hanging there with licence No.39/77. vijay Coal company was written on the said board. There the patrol party found one truck No. B. H. Q.9541 loaded with approximately 14 tonnes of soft coke which was covered with a tarpolin,, besides a Bhatha of soft coke. On enquiry from the Choukidar of the coal depot the informant learnt that the petitioner and his son aged about 10 years are the owners of the coal depot. The informant was told by the Choukidar that after the arrival of the petitioner necessary papers would be produced. The informant then inspected the Bhatha and found that fire was there for converting the steel coal into soft coal. The truck loaded with 14 tonnes of soft coal was seized and thereafter the F. I. R. was lodged. 3. The soft coal which was loaded on the truck was examined by the chemist of Bariadih C. C. L. and it was found to have been manufactured from steel II Grade Coal which is not sold in open marked. This fact has been mentioned in the F. I. R. 4. In support of his contention, the learned counsel for the petitioner raised several questions and submitted that the petitioner is entitled to exemption as provided under Sec.15 of the Bihar Coal Control Act and further that there is no restriction in the licence prohibiting to convert steel coal into soft coal. He has also submitted that no offence under Sec.414 I. P. C. against the petitioner has been made out. 5. He has also submitted that no offence under Sec.414 I. P. C. against the petitioner has been made out. 5. Learned counsel for the State has referred to F. I. R. wherein it has been stated that the coal which was found on the truck in question was examined by the Chemist who declared it to be steel II Grade coal. He also submitted that this steel II Grade coal is cooking coal as mentioned in Table No. III of the Colliery Control Order, 1945. So at present it cannot be said that the seized coal is not a non-cooking coal. As regards the conversion of the coal into soft coal and there being no prohibition in the licence, that cannot be disputed as it has been held in C. W. J. C. No.997/82 (R) that the conditions for the licence mentioned in Form-A do not contain any provision prohibiting a licensee from converting coal into soft coal. As regards the contention about the offence under Sec.414 I. P. C. not being made out, it is a matter of evidence. 6. The Supreme Court in the case of State of Bihar V/s. J. A. C. Saldana and others (A. I R.1980 SC 326) : (1980 Cr LJ 98) has observed : "investigation of an offence is the field exclusively reserved for the executive through the police department, the superintendence over which vests in the State Government. The power of the police to investigate into the cognizable offence is ordinarily by the judiciary". "the High Court in the exercise of its extra-ordinary jurisdiction where disputed questions of fact where involved cannot give direction to close the investigation". 7. Looking to the above mentioned facts disputed questions of fact are involved which cannot be looked into and cannot be decided on the basis of the affidavit here. The case is under investigation. After the police collects material and finds that there is material to proceed with the case then charge-sheet is filed. But if on collection of material it finds otherwise then a final form in favour of the accused is given. The case is under investigation. After the police collects material and finds that there is material to proceed with the case then charge-sheet is filed. But if on collection of material it finds otherwise then a final form in favour of the accused is given. If the charge-sheet is filed the court may take cognizance or may not take cognizance and if after taking cognizance notice is issued to the accused then it is open to the accused to raise questions of law and facts both and then the court will consider the matter and may frame charge or may not frame charge. But at this stage this application is premature when the investigation has not been completed and no report has been given. So a writ interfering in this matter cannot be issued. 8. For the reasons above this application at this stage is dismissed. It is for the police to submit its report for or against the petitioner. In case the report against the petitioner is filed and the court below takes cognizance against the petitioner then it will be open to the petitioner to raise all the questions of fact and law in the court below which will consider the same and pass suitable orders in accordance with law. The order dated 4-2-1983 for not taking coercive steps against the petitioner is vacated. Writ application dismissed.