Patna High CourtCR. WJC/331/2017dismissed

Ram Pukar Tiwari v. The State Of Bihar Through The District Magistrate East Champaran And ORS

2019-01-16Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.331 of 2017 Arising Out of PS. Case No.-66 Year-2012 Thana- RAJEPUR District- East Champaran ====================================================== Ram Pukar Tiwari, aged about 55 years, S/o Late Sitaram Tiwary, R/o Village-Chakania, P.O. and P.S.-Pipra, Dist.-East Champaran. ... ... Petitioner/s

Versus

1. The State of Bihar through the District Magistrate, East Champaran.

2. The Senior Superintendent of Police, East Champaran.

3. The Sub Divisional Officer, Pakri Dayal, East Champran.

4. The Officer Incharge, Rajepur, P.S. - Dist.-East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the Respondent/s :

Md. N.H Khan. SC-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date : 16-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

2. This writ petition has been filed by the petitioner for quashing the first information report of Rajepur P.S. Case No.66 of 2012 registered under Sections 409, 420 and 175 of the Indian Penal Code.

3. On perusal of the first information report, as contained in Annexure-1, it would transpire that the informant Shatrughan Rajak, the Block Development Officer, Tetariya block has alleged that the petitioner, a Panchayat Secretary in Tetariya block embezzled funds relating to 'Indira Aavas Yojna', 'Diesel

Patna High Court Cr. WJC No.331 of 2017 dt.16-01-2019 2/2 Subsidy', 'Kabir Antyesti Yojna' student scholarship and other schemes of the government.

4. The allegations made in the first information report do attract ingredients of a cognizable offence.

5. In that view of the matter, neither the institution of the first information report nor its investigation can be held to be bad.

6. Accordingly, the writ petition, being devoid of any merit, is dismissed.

(Ashwani Kumar Singh, J.) Sanjeet/- AFR/NAFR NAFR CAV DATE NA Uploading Date 17.01.2019 Transmission Date 17.01.2019