Ran Vijay Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4794 of 2016 ======================================================

1. Ran Vijay Kumar, Singh Son of Sri Baijnath Singh, Resident of Mohalla Lekha Nagar, Khagaul Cantt. Road P.O. - Khagaul, P.S. - Khagaul, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary, Co-operative Department, Government of Bihar, Patna.

3. The Registrar, Co-operative Societies, Bihar, Patna.

4. The Assistant Registrar, Co-Operative Societies, Patna Circle, Patna.

5. The District Co-operative Officer, Patna.

6. The Controller of Defence Accounts Employee's Co-operative House Construction Society Limited, Patna through its Honorary Secretary namely Sri Kashinath Son of Dina Nath Gupta, Resident of Mohalla - Digha, P.S. - Digha, District - Patna.

7. Sri Kashinath Son of Dina Nath Gupta, Resident of Mohalla - Digha, P.S. - Digha, District - Patna.

8. Sri Chandeshwar Prasad Narayan Mishra, Son of Jagdamba Mishra, Resident of Village - Chakai, P.S. - Chakai, District Jamui present residing at Near Ram Lakhan Mahto Flat, Purani Jakkanpur, P.S. - Jakkanpur, District - Patna at present President of the Controller of Defence Accounts Employee's Co-Operative House Construction Society Limited, Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bindeshwar Kumar, Adv. For the Respondent/s : Smt.Nivedita Nirvikar GA-7. Mr. Manoj Kumar, AC to GA-7.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 20-09-2016 Heard Mr. Bindeshwar Kumar, learned Counsel, appearing on behalf of the petitioner, and Smt. Nivedita Nirvikar, learned Additional Advocate General No.7, appearing on behalf of the State-respondents.

Having regard to the fact that though the petitioner

Patna High Court CWJC No.4794 of 2016 (2) dt.20-09-2016 2/2 has made allegations of defalcation/misappropriation of public fund, the petition is completely vague and does not, therefore, warrant invocation of extraordinary jurisdiction of the High Court, under Article 226 of the Constitution of India. While, therefore, closing the writ petition, we give the petitioner liberty to lodge, if so advised, a First Information Report with jurisdictional police station, and/or file a complaint in the criminal court of competent jurisdiction in order to bring the guilty, if any, to book.

If the First Information Report is lodged or the complaint is filed, the same shall be dealt with expeditiously and in accordance with law.

With the above observation, this writ petition stands disposed of.

(I.A. Ansari,CJ) (Anjana Mishra, J) K.C.jha/- U