Gauri Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46078 of 2022 Arising Out of PS. Case No.-361 Year-2021 Thana- KALYANPUR District- Samastipur ====================================================== GAURI KUMARI Wife of Ravi Shankar Singh R/v- Kharsand, P.SKalyanpur, Dist- Samastipur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Superintendent of Police, Vigilance, Investigation Bureau, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kaushal Kumar Jha, Advocate Mr. Rajiv Ranjan kumar Pandey, Advocate For the Opposite Party/s :

Mr.Ajay Mishra For the Vigilance :

Mr. Rana Vikram, Spl. Vigilance ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

This application has been filed for quashing of F.I.R vide Kalyanpur P.S. Case No. 361 of 2021 passed by learned C.J.M, Samastipur against the petitioner for offences under Sections 420, 467, 468, 171, 120B of the Indian Penal Code. Learned counsel for the petitioner has submitted that petitioner had resigned from her post within period of cut off date as directed by this Court in C.W.J.C No. 15459 of 2014 but on the basis of report of the Block Education Officer, Kalyanpur, Samastipur, the Vigilance Department has proceeded against her and the present F.I.R vide Kalyanpur P.S. Case No.

Patna High Court CR. MISC. No.46078 of 2022(2) dt.23-03-2023 2/2 361 of 2021 was lodged against her. It has been further submitted by learned counsel for the petitioner that the petitioner had resigned, therefore, she should not be prosecuted unnecessarily.

Mr. Rana Vikram Singh, learned counsel appearing for the Vigilance, vehemently opposed the prayer of the petitioner for quashing of the aforesaid F.I.R. He submits that petitioner was still working but no salary was being paid. If the petitioner was working without any salary, no criminality can be fastened upon her. The direction passed by a Division Bench of this Court is that the petitioner should submit her resignation within the amnesty period. In these circumstances, prosecuting the petitioner will be very harsh and she is a lady.

In view of the above, this application is allowed and the F.I.R. vide Kalyanpur P.S. Case No. 361 of 2021 passed by learned C.J.M, Samastipur is hereby quashed.

(Sandeep Kumar, J) Harsh/ U