Ajay Kumar And ORS v. The State Of Bihar Through The Director General Of Police, Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2448 of 2017 Arising Out of PS. Case No.-124 Year-2017 Thana- PIPRAHI District- Sheohar Mangalam Kumar Singh S/o Late Mithilesh Kumar Singh, Resident of Village P.O.- Ramnagar, P.S.- Gaighat, District- Muzaffarpur. The State Of Bihar Through The Chief Secretary, Bihar Patna and Ors The Principal Secretary, Rural Develpment Department, Bihar, Patna. The Principal Secretary, Public Health and Engineering Department, Bihar, Patna.

The District Magistrate, Sheohar.

The Senior Deputy Collector Enquiry Officer, Sheohar. The Executive Engineer, Public Health Division, Sheohar. 8.

The Investigating Officer, Police Station- Piprahi, Sheohar. with Criminal Writ Jurisdiction Case No. 1887 of 2017 Arising Out of PS. Case No.-124 Year-2017 Thana- PIPRAHI District- Sheohar Dharmendra Kumar Singh Son of Late Sheo Mangal Singh, Ex Mukhia, Gram Panchayat Raj Abhirajpur Bairiya, Block- Purnahia, P The State Of Bihar Through The Chief Secretary, Bihar, Patna and Ors The Principal Secretary, Rural Development Department, Bihar, Patna. The District Magistrate, Sheohar.

The Senior Deputy Collector Enquiry Officer, Sheohar. The Executive Engineer, Public Health Division, Sheohar. The Investigating Officer, Police Station- Piprahi, Sheohar. with Criminal Writ Jurisdiction Case No. 1906 of 2017 Arising Out of PS. Case No.-124 Year-2017 Thana- PIPRAHI District- Sheohar

2/4 Rahul Kumar Son of Late Binay Krishna Shah, R/o Mohalla- Chowk Shikarpur, Kahartoli Gali, Mahabir Asthan Lane, P.O.- Begumpur, P.S.- Chowk, Patna- 800009, District- Patna, at present posted as Assistant Engineer under Public Health Engineering Department , Sheohar Division, District- Sheohar.

The State Of Bihar, Through The Inspector General Of Police, Bihar, Patna and Ors In Charge/Staion House Officer, Piprahi Police Station, District - Sheohar. Executive Engineer, Sheohar Division, Public Health Engineering Department , Sheohar.

with Criminal Writ Jurisdiction Case No. 2510 of 2017 Arising Out of PS. Case No.-124 Year-2017 Thana- PIPRAHI District- Sheohar Ajay Kumar and Ors The State Of Bihar Through The Director General Of Police, Bihar, Patna and Ors with Criminal Writ Jurisdiction Case No. 2549 of 2017 Arising Out of PS. Case No.-124 Year-2017 Thana- PIPRAHI District- Sheohar Rekha Devi and Ors wife of Upendra Mahto resident of village - Aashopur Ward No. 1, P.O. - Bairiya, Police Station - Purnahia, District - Sheohar. Bindeshwar Ray son of Late Kishri Sharan Ray resident of village - Aashopur Ward No. 4, Police Station - Piprahi, District - Sheohar. Suman Devi wife of Sunil Kumar Singh resident of village - Aashopur Ward No. 5, P.O. - Bairiya, Police Station - Piprahi, District - Sheohar.

Shiv Shankar Ram son of Late Yogi Ram resident of village - Pakari Ward No. 6, P.O. - Chhatauna, Police Station - Piprahi, District - Sheohar. Sunaina Devi wife of Ram Babu Sah resident of village - Pakari Ward No. 7, P.O. - Chhatauna, Police Station - Piprahi, District - Sheohar. Kanti Devi wife of Jaichandra Ray resident of village - Pakari Ward No. 8, P.O. - Chhatauna, Police Station - Piprahi, District - Sheohar. Rajo Devi wife of Buni Lal Baitha resident of village - Bairiya Ward No.

3/4 P.O. - Bairiya, Police Station - Piprahi, District - Sheohar. 8.

Shakat Devi wife of Suresh Thakur resident of village - Bairiya Ward No. 11, P.O. Bairiya, Police Station - Piprahi, District - Sheohar. 9.

Chunchun Devi wife of Binod Patel resident of village - Bairiya Ward No. 12, P.O. - Bairiya, Police Station - Piprahi, District - Sheohar. 10.

Santosh Kumar Singh son of Late Dineshwar Singh resident of village - Ganeshpur, Ward No. 13, P.O. -Bairiya, Police Station - Piprahi, District - Sheohar.

The State Of Bihar Through The Chief Secretary, Bihar, Patna and Ors The Principal Secretary, Rural Development Department, Bihar, Patna. The District Magistrate, Sheohar.

The Senior Deputy Collector Enquiry Officer, Sheohar. The Executive Engineer, Public Health Division, Sheohar. The Investigating Officer, Police Station - Piprahi, Sheohar. Appearance :

(In Criminal Writ Jurisdiction Case No. 2448 of 2017) For the Petitioner/s :

Mr. Niraj Kumar, Advocate For the Respondent/s :

Mr.Vinay Kirti Singh, G.A- (In Criminal Writ Jurisdiction Case No. 1887 of 2017) For the Petitioner/s :

Mr. Virendra Kumar, Advocate For the Respondent/s :

Mr.Anjani Kumar, AAG-4 (In Criminal Writ Jurisdiction Case No. 1906 of 2017) For the Petitioner/s :

Mr. Ajay Prasad, Advocate For the Respondent/s :

Mr.Manish Kumar, G.P.-4 (In Criminal Writ Jurisdiction Case No. 2510 of 2017) For the Petitioner/s :

Ms. Anita Kumari, Advocate For the Respondent/s :

Mr.GA-4 (In Criminal Writ Jurisdiction Case No. 2549 of 2017) For the Petitioner/s :

Mr. Virendra Kumar, Advocate For the Respondent/s :

Mr. Vikas Kumar, SC-11 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-03-2023 These criminal writ petitions have been filed for quashing the F.I.R. vide Piprahi P.S Case No. 124 of 2017 registered for the offence under Sections 409, 406, 419, 420, 467, 468, 471, 201 & 120-B /34 of the Indian Penal Code.

4/4 As per the F.I.R., the petitioners have misappropriated the Government fund allotted under Swaccha Bharat Mission.

In the opinion of this Court, the F.I.R. cannot be quashed in such a serious offence. Accordingly, these criminal writ petitions stand dismissed. However, the petitioners are at liberty to raise all the grounds, as available under the law, at an apposite stage.

(Sandeep Kumar, J) Ranjeet/- U