Sri Prasad Gareri v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43181 of 2013 ====================================================== Sri Prasad Gareri Son Of Sri Ram Kishun Gareri Resident Of Village - Mahthaur Khurd, P.S. - Phulparas, Dist.Madhubani .... .... Petitioner

Versus

1. State Of Bihar

2. Chandrabhushan Yadav Son Of Late Bhanpati Yadav Resident Of Village - Phulkahi, P.S. - Phulparas, Dist.-Madhubani .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Lakshmindra Kumar Yadav For the Opposite Party/s : Mr. Smt.Renu Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-03-2016 Heard learned counsel for the parties.

The allegation against the petitioner is that he in collusion with Panchayat Secretary made illegal selection and appointments against the post of Panchayat Teacher in Gram Panchayat Raj, Mahthaur Khurd, District Madhubani.

From the complaint petition, which is the basis for registration of the First Information Report, I find that even such persons, who had not submitted their applications, were selected and appointed as Panchayat Teachers. In such circumstance, the plea for quashing of the First Information Report cannot be accepted.

This application is, accordingly, dismissed.

It goes without saying that the petitioner shall have liberty

Patna High Court Cr.Misc. No.43181 of 2013 (2) dt.28-03-2016 to raise any plea, which has been raised in the present application, before the court below at an appropriate stage, as may be permissible to him in law.

(Chakradhari Sharan Singh, J) Surendra/- U