Ravindra Kumar vs The State Of Bihar And Ors
2022 Latest Caselaw 4234 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.16896 of 2017
     ======================================================

Ravindra Kumar Son of Madan Kishor Singh R/o Village P.O.- Sinha Ward No. 18, P.S. Motihari , Distt. Begusarai.

... ... Petitioner Versus

1. The State of Bihar, through Chief Secretary, Government of Bihar, Patna.

2. The Director General of Police, Bihar, Patna

3. The Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna.

4. The Principal Secretary, Vigilance Investigation Bureau Bihar Patna.

5. The Director General, Vigilance Investigation Bureau, Bihar, Patna.

6. Begusarai Municipal Corporation through its Municipal Commissioner, Begusarai.

7. Municipal Commissioner, Municipal Corporation, Begusarai.

8. District Magistrate, Begusarai.

... ... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Dinu Kumar, Advocate Mr. Vardaan Mangazam, Advocate Mr. Ritika Rani, Advocate For the Respondent-State: Mr. Bishwa Bibhuti Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH and HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH) Date : 04-08-2022

In the present application, the petitioner has made

the following prayers:-

"a. For commanding the Principal Secretary Vigilance Investigation Bureau to enquire into the mater after lodging FIR about misappropriation, misuse and defalcation of public money more than Crores in purchasing Sub standard Street light and High Mask Light for the period 2013-2016 for Begusarai Patna High Court CWJC No.16896 of 2017 dt.04-08-2022

Municipal Corporation Begusarai against the persons concerned.

b. Also for direction to the state respondents to recover the loss of the public momey from the person concerned who are involve in purchasing sub standard street light and high mask light during the period of 2013-2016 for Begusarai Municipal Corporation Begusarai has not compensate the loss of public money after initiating proceeding under Bihar and Orrisa Public Recovery Act 2014.

c. Also for commanding of the respondents to ensure providing LED street light and High Mask Light and under Begusarai Municipal Corporation against for public purposed considering money make LED but LED street light and High Mask Light when out of orer after installation of two or three mouths. d. Also for necessary relief order, direction for which the petitioner is entitled in the eyes of law."

2. Mr. Dinu Kumar, learned counsel for the petitioner

submitted that the petitioner has no direct or indirect concern

with the respondents. He is a social activist. Since there is a

huge defalcation in purchase of LED Light and High Mask

Light in the Municipal Corporation, Begusarai, the present

application has been filed by him in the public interest. He

contended that purchases were made on exorbitant price without

inviting tender from the prospective bidders by the then

Chairman of the Municipal Corporation, Begusarai in

connivance with the Municipal Commissioner. They committed Patna High Court CWJC No.16896 of 2017 dt.04-08-2022

the misappropriation of public funds, which would require not

only a high level inquiry, but institution of FIR and prosecution

of the erring officials and others concerned.

3. Respondents have filed counter affidavit and

supplementary counter affidavits. In the last counter affidavit

filed on behalf of the respondent no.3, it has been stated that

steps have already been taken to lodge First Information Report

(for short 'FIR') against the erring authorities. It is further stated

that Begusarai Town P.S. Case No.62 of 2019 and Begusarai

Town P.S. Case No.189 of 2019 have been registered inter alia

under Sections 406 and 409 of the Indian Penal Code against the

then Chairman, Sri Sanjay Kumar and the then Municipal

Commissioner, Sri Mohan Prakash Madhukar of Municipal

Corporation, Begusarai for the illegalities committed by them in

the purchases of LED Bulb, LED Street Light and High Mask

Light.

4. Mr. Bishwa Bibhuti Kumar Singh, learned counsel

for respondent-State submitted that those criminal cases are

under investigation and the Municipal Commissioner as well as

the then Chairman of Municipal Commissioner have been

granted pre-arrest bail by this Court. He contended that

defalcated amount to the tune of Rs.3,48,180/- has already been Patna High Court CWJC No.16896 of 2017 dt.04-08-2022

recovered from Rajkumar Agrawal, the proprietor of M/S Laxmi

Constructions and Electrical Works, Siwan.

5. We have heard learned counsel for the parties and

perused the materials on record.

6. In view of the supplementary counter affidavit filed

on behalf of respondent no.3, it would be evident that the issue

of misappropriation of public fund raised by the petitioner has

already been taken cognizance of by the State of Bihar and two

FIRs have already been instituted against the then Municipal

Commissioner and the then Chairman of the Municipal

Corporation, Begusarai. Those criminal cases are under

investigation.

7. To hold investigation into a criminal case is the

exclusive domain of the Police. At this stage, the Court has no

role to play. In case, involvement of any other person would

transpire during investigation, the Police may submit report

under Section 173 (2) of the Code of Criminal Procedure against

them also after the completion of investigation. Once the

investigation would be complete and the report under Section

173(2) of the Code of Criminal Procedure would be filed before

the Jurisdictional Magistrate, the role of the court would start.

8. At this stage, since the respondents have already Patna High Court CWJC No.16896 of 2017 dt.04-08-2022

taken action against the erring Chairman and the Municipal

Commissioner and the Police are investigating the criminal

cases instituted against them, this Court would refrain from

making any further comment.

9. It is expected that the investigating agency would

complete the investigation as early as possible, preferably

within three months from today. Once the investigation is

completed and the accused persons are sent up for trial, the State

would take all effective steps to produce its witnesses before the

Court expeditiously and the Court would make endeavour to

complete the trial without undue delay.

10. With the aforesaid observations and directions, the

writ petition is disposed of.

(Ashwani Kumar Singh, J)

( Shailendra Singh, J)

kanchan/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          08.08.2022
Transmission Date       NA