Akloo Mukhiya @ Aklo Mukhiya And ANR v. The State Of Bihar Through D. G. P., Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.840 of 2018 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== 1.

Akloo Mukhiya @ Aklo Mukhiya and Anr S/o Batohi Mukhiya 2.

Mohamud Alam, S/o Aquil Ahmad, Both resident of Village and P.O. Harihat, P.S. Alinagar, District- Darbhanga.

... ... Petitioner/s

Versus

1.

The State Of Bihar Through D. G. P., Bihar, Patna 2.

The S.S.P. Darbhanga.

3.

The S.D.P.O. Benipur, Darbhanga.

4.

The S.H.O. cum Officer in-charge, Alinagar, District- Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Shahnawaz Ali, Advocate For the Respondent/s :

Mr.Suman Kumar Jha, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-12-2022 It appears on perusal of the writ application that the petitioner has moved this Court directly under Article 226 of the Constitution of India for lodging of the FIR. It is the grievance of the petitioner that he had made complaint with regard to misappropriation of government money and loss to the government exchequer with the concerned police station against the Block Development Officer, Alinagar, Block Agriculture Officer and the District Agriculture Officer who are said to be responsible for the same. In the entire writ application, there is no averment that the petitioner had followed the procedures required to be

Patna High Court CR. WJC No.840 of 2018(2) dt.19-12-2022 2/2 followed in the matter of lodging of the FIR. There is no statement that the complaint was brought to the notice of the Superintendent of Police under Section 154(3) or any application was filed in the court of learned C.J.M., Darbhanga under Section 156(3) Cr.P.C.

In such circumstance, this writ application directly filed before this Court for lodging of the FIR cannot be entertained. It is dismissed accordingly. Petitioner is at liberty to seek his remedy in accordance with law.

(Rajeev Ranjan Prasad, J) arvind/- U