Pankaj Kumar v. The State Of Bihar Through The Additional Chief Secretary, Department Of Home And Affairs

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.174 of 2023 Arising Out of PS. Case No.-218 Year-2020 Thana- PIPRA District- Supaul ====================================================== Pankaj Kumar Son of Shrawan Kumar R/v- Sirdilpur, P.S.- Patori, DistSamastipur ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Department of Home and Affairs Govt. of Bihar, Patna 2.

The Deputy Inspector General, Bihar, Patna 3.

The Superintendent of Police, Supaul 4.

The Deputy Superintendent of Police, Supaul 5.

The Station Head Officer, Pipra Police Station, Dist- Supaul ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. P. N. Shahi, Sr. Advocate Mr. Siddhartha Prasad, Advocate Mr.Anil Kumar, Advocate For the State :

Mr. Iqbal Asif Niazi, AC to GP-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 08-05-2025 Heard learned Senior counsel for the petitioner and learned counsel for the State.

2. By way of this writ application, the petitioner has prayed for the following reliefs:- "That this is an application for issuance of an appropriate writ(s) in the nature of certiorari for quashing the entire prosecution case/FIR of Pipra P.S. case no. 218 of 2020 dated 15.08.2020 (Anenxure-1) registered for offences under section 406, 409, 420, 120(B) of the Indian Penal Code against the petitioner whereby and where under without any on and proper verification of the work done under Yojana no. 1/19-20, 2/19-20 and 3/19-20 in Gram Panchayat Dubiyahi Ward no.-7 merely

Patna High Court CR. WJC No.174 of 2023(2) dt.08-05-2025 2/2 on the basis of joint report of Block Development officer, Pipra and District sectoral coordinator Infrastructure D.S.C.I. the District Magistrate Supaul directed the B.D.O. Pipra to lodge the present F.I.R. as such there was neither any role of the petitioner (Junior Engineer) for withdrawal of the alleged irregularity in Govt. Money nor he received/issued sanctioned the work permit and Govt. money in favour of any of the beneficiary or co-accuseds."

3. For the aforesaid reliefs, as prayed by the petitioner, he is given liberty to approach the Superintendent of Police, Supaul with an application and if the Superintendent of Police, Supaul finds substance in the application of the petitioner, he will pass appropriate orders in this regard in accordance with law.

4. With the aforesaid observation, this application is disposed of.

5. It is made clear that this Court has not expressed any opinion on the merits of this case and the prayer of the petitioner.

(Sandeep Kumar, J) P. Kumar U T