Anuradha Sinha v. The State Of Bihar Through The Principal Secretary, Rural Works Department, Govt. Of Bihar, Old Sec

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1663 of 2017 Arising Out of PS. Case No.-159 Year-2017 Thana- RAHUI District- Nalanda ====================================================== Anuradha Sinha W/o Shri Arjun Prasad, R/o Mohalla- Chaudhary Colony, Naisarai, P.S.- Biharsharif, District- Nalanda at present Panchayat Rojgar Sevak, Gram Panchayat Imamganj, Block- Rahui, District- Nalanda. ... ... Petitioner/s

Versus

1.

The State Of Bihar Through The Principal Secretary, Rural Works Department, Govt. Of Bihar, Old Sec 2.

The Executive Engineer, Rutal Works Department, Works Division, Harnaut, District -Nalanda.

3.

The Department of Vigilance through Director General, Patna. 4.

The District Magistrate, Nalanda.

5.

Santosh Kumar Srivastva, Additional Chief Executive Officer, Zila Parishad, Nalanda.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar For the Respondent/s :

Mr.Archana Meenakshee Gp-6 Mr. Rana Vikram Singh, Spl. PP Vigilance ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-07-2023

1. This writ petition is being filed on behalf of the petitioner for the following reliefs:- A. For issuance of an appropriate Writ in the nature of certiorari for quashing the First Information Report bearing Special Case No. 40/2017 arising out of Rahui P.S. Case

Patna High Court CR. WJC No.1663 of 2017(3) dt.20-07-2023 2/3 No. 159/2017 dated 18.06.2017 lodged for the alleged offences under Sections 409/419/420/34/120(B) of the Indian Penal Code and also u/s 7 & 8 of the Prevention of Corruption Act 1988. B. For issuance of an appropriate writ holding and declaring the initiation of the criminal proceeding against the petitioner is an abuse of the process of the court has neither the enquiry report nor the contents of the First Information Report discloses commission of any offence by the petitioner.

C. For issuance of an appropriate writ holding and declaring the implication of the petitioner in the present case to be wholly malicious in view of the fact that no ingredients of the different provisions of the Indian penal code under which the present First Information Report has been lodged is made out against the petitioner.

2. The Superintendent of Police, Nalanda is directed to conclude the investigation of this case within six months failing which appropriate action shall be initiated against the Superintendent of Police, Nalanda.

3. With the aforesaid direction, this application is disposed of.

4. Let a copy of this order be communicated to the

Patna High Court CR. WJC No.1663 of 2017(3) dt.20-07-2023 3/3 Senior Superintendent of Police, Nalanda through FAX for its compliance forthwith.

(Sandeep Kumar, J) Shishir/- U T