Ferazul Haque v. The State Of Bihar Through Superintendent Of Police, Economic Offence, Patna, Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.147 of 2015 Arising Out of PS.Case No. -null Year- null Thana -null District- PATNA =========================================================== Ferazul Haque, S/o Late S.K. Suddu, R/o Village - Puraina (Mahesra), P.S. - Gopalpur, P.O.- Sundergawa, District - West Champaran. .... .... Petitioner

Versus

1. The State of Bihar through Superintendent of Police, Economic Offence, Patna, Bihar.

2. Rajesh Narain Verma, Inspector, Economic Offence Police Station, Patna, Bihar. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Md. Equbal Ahmad, Advocate For the Respondent/s : Mr. Manikant Mishra, GP-25 =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 27-08-2015 Heard learned counsel for the petitioner and learned counsel for the State.

By way of filing the present writ application under Articles 226 and 227 of the Constitution of India, the petitioner seeks quashing of the first information report of Economic Offence P.S. Case No. 33 of 2014 corresponding to Special Case No. 53 of 2014 registered under Section 13(2) read with 13(1)(e) of the Prevention of Corruption Act (for short 'P.C. Act'), 1988. The allegations made in the first information report do

Patna High Court Cr. WJC No.147 of 2015 dt.27-08-2015 2 / 2 attract ingredients of the offence punishable under Section 13(2) read with 13(1)(e) of the P.C. Act.

In that view of the matter, I do not find any merit in the present application. Accordingly, the application is dismissed. It is contended by learned counsel for the petitioner that in case an adverse police report is filed after completion of investigation, the petitioner may be given liberty to challenge the same.

In my view, no such order is required to be passed. The petitioner would always be at liberty to raise his grievance, if an adverse police report submitted against him and after perusal of the same, the court takes cognizance of the offence. (Ashwani Kumar Singh, J.) Sanjeet/- U T