Awadhesh Kumar Singh v. The State Of Bihar Through The Chief Secretary, Govt. Of Bihar, Patna.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1786 of 2023 Arising Out of PS. Case No.-174 Year-2018 Thana- ISUAPUR District- Saran ====================================================== AWADHESH KUMAR SINGH S/O DHARAMNATH SINGH R/O VILLAGE- SISWA, P.O- KERWA, P.S- ISHUWAPUR, DIST.- SARAN AT CHAPRA-841411 ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA. BIHAR 2.
THE ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF HOME, GOVT. OF BIHAR, PATNA. BIHAR 3.
THE ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF EDUCATION, GOVERNMENT OF BIHAR, PATNA. BIHAR 4.
THE COLLECTOR-CUM-DISTRICT MAGISTRATE, SARAN AT CHAPRA. BIHAR 5.
THE SUPERINTENDENT OF POLICE, SARAN AT CHAPRA. BIHAR 6.
THE DISTRICT EDUCTION OFFICER, SARAN AT CHAPRA. BIHAR 7.
THE DISTRICT PROGRAMME OFFICER (ESTABLISHMENT), SARAN AT CHAPRA. BIHAR 8.
THE SUB-DIVISIONAL POLICE OFFICER, MARHAURA, SARAN. BIHAR 9.
THE BLOCK EDUCATION OFFICER, ISHUWAPUR, SARAN. BIHAR 10.
THE STATION HOUSE OFFICER, ISHUWAPUR POLICE STATION, SARAN. BIHAR 11.
THE VIGILANCE INVESTIGATION BUREAU, BIHAR, PATNA. BIHAR ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jeetendra Narayan For the Respondent/s :
Mr.Sheo Shankar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 17-07-2025 Heard the parties.
2. The following writ application has been filed on behalf of the petitioner for the following reliefs:- (a) For quashing the First Information
Patna High Court CR. WJC No.1786 of 2023(2) dt.17-07-2025 2/3 Report bearing Ishuwapur P.S. Case No. 174 of 2018 dated 18.11.2018 registered u/s. 419,420,409, 467, 468,471 & 120-B of the Indian Penal Code whereby and whereunder the said F.I.R. has been lodged against the petitioner for got employment as a Niyojit Teacher on the basis of forged certificate/ marks sheet of Bihar School Examination Board.
(b) For directing the respondents to not made recovery in tune of Rs. 12,19,432/- (Twelve Lacs Nineteen Thousand Four Hundred and Thirty Two Only) in view of Hon'ble Apex Court verdict passed in a case of Man Singh Vs. the State of Uttar Pradesh as well as letter dated 08.07.2022 captioned in letter no. 734 issued by the department of Education, Government of Bihar, Patna.
3. With regard to prayer no. 1(a) of the petitioner, it has been submitted by the learned counsel for the State and Vigilance Department that the charge-sheet has been submitted in this case.
4. In view of the above, the prayer no. 1(a) of the petitioner has become infructuous and this application is dismissed with regard to the same.
5. So far as the prayer no. 1(b) is concerned, criminal writ is not maintainable for the same and accordingly, the
Patna High Court CR. WJC No.1786 of 2023(2) dt.17-07-2025 3/3 learned counsel for the petitioner is given liberty to convert this criminal writ application into civil writ application within one week from today.
6. The office is directed to list this case under the appropriate Heading after its conversion into civil writ. (Sandeep Kumar, J) Vikas/- U