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Patna High CourtCWJC/12905/2023dismissed

Prafull Ranjan v. The State Of Bihar

2023-09-15The Chief Justice,Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12905 of 2023 ====================================================== Prafull Ranjan S/o Sri Ramesh Chandra Singh, Resident of Village and P.O.- Kala Dumra, P.S. Gautam Buddha Nagar, Sub Division-Maharajganj, DistrictSiwan (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary-cum-Addition Chief Secretary Panchayati Raj Department, Bihar, Patna. 2.

The Commissioner Saran Pramandal Saran (Chapra). 3.

The District Magistrate, Siwan.

4.

The Additional Collector (Lok Shikayat)-cum-District Public Grievance Redresal Officer (DPGRO), Siwan.

5.

The District Panchayati Raj Officer, Siwan.

6.

The Block Development Officer Block-Goriyakothi, District-Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Sunil Kumar Mandal, SC-3 Mr. Neelam Kumari, AC to SC-3 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 15-09-2023 The writ petition is filed for registering an F.I.R. against the Mukhiya and the Panchayat Secretaries of Goriyakothi Block, District-Siwan, both of whom are not impleaded herein. We also do not see any details of the embezzlement carried out except for a bland statement that they are involved in financial irregularities.

2. Further, if an F.I.R. has not been registered on a

Patna High Court CWJC No.12905 of 2023 dt.15-09-2023 2/2 complaint made by the party, the remedy is under the Code of Criminal Procedure and not by way of a Public Interest Litigation.

3. Considering the aforesaid facts, the writ petition would stand dismissed in limine; especially considering the fact that the affected parties are not impleaded and there is an alternate remedy available.

4. We dismiss the writ petition; without any observations on merits or even the locus standi of the petitioner to put in motion the criminal law.

(K. Vinod Chandran, CJ) ( Partha Sarthy, J) aditya/- AFR/NAFR CAV DATE Uploading Date 18.09.2023.

Transmission Date