Pramod Kumar v. The State Of Bihar Through D.G.P. Bihar, Patna And ORS

Patna High Court Cr. WJC No.1071 of 2014 (3) dt.22-06-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1071 of 2014 ======================================================

1. Pramod Kumar Son of Late Yamuna Prasad resident of Village - Ahirani Tola, Village Bagaha, P.S. Bagaha, District - West Champaran, Bettiah. .... .... Petitioner.

Versus

1. The State of Bihar through D.G.P. Bihar, Patna.

2. The Director General of Police, Bihar, Patna.

3. The Superintendent of Police, East Champaran, Motihari.

4. The Dy, Superintendent of Police East Champaran, Motihari.

5. Officer-in-Charge, Nagar, East Champaran, Motihari.

6. Suresh Prajapat, Assistant Engineer (the then), Zila Parishad, East Champaran, Motihari, at present posted at Madhepura, Zila Parishad, Madhepura.

.... .... Respondents.

====================================================== Appearance :

For the Petitioner : Mr. Sharda Nand Mishra, Advocate. For the State : Mr. Raju Giri (Gp 30) Mr. Nikhil Kumar Agrawal, A.C. to G.P.30.

====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 22-06-2015 Heard learned counsel for the petitioner and learned counsel for the State.

This writ application has been filed for quashing the F.I.R. as Nagar P.S. Case No. 403 of 2014 dated 23.07.2014 as well as Nagar P.S. Case No. 392 of 2014 dated 22.07. 2014. It is alleged that petitioner has taken money of Rs.10,98,000/- with regard to various schemes, but work has not been done. It is further alleged that petitioner has taken money of Rs. 46,02,500/-, but work has not been done.

Learned counsel for the petitioner however contends that

Patna High Court Cr. WJC No.1071 of 2014 (3) dt.22-06-2015 F.I.R. has been lodged without any enquiry or any explanation call for from the petitioner. It is further submitted that allegations are false.

Learned counsel for the State however contends that charge sheet has already been submitted in this case. However, this Court at this stage under Article 226 has no jurisdiction to verify whether allegations are true or false. Hence I do not find any merit to interfere in this case in view of submission that charge sheet has already been submitted. However, the petitioner has liberty to raise the issue before the Chief Judicial Magistrate.

With this observation, this writ application is disposed of. m.p.

(Gopal Prasad, J) U T