Priyanka Kumari vs The State Of Bihar Through ...
2023 Latest Caselaw 1042 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Criminal Writ Jurisdiction Case No.965 of 2022
           Arising Out of PS. Case No.-76 Year-2022 Thana- TIKAPATTI District- Purnia
     ======================================================

Priyanka Kumari W/O Gautam Kumar @ D/O Subodh Kumar Mandal Resident Of Ward No. 12, Tikapatti, P.S.- Tikapatti, District - Purnea.

... ... Petitioner/S Versus

1. The State Of Bihar Through Principal Secretary Home Dpartment, Bihar

2. The Vigilance Investigation, Bureau, Bihar, Patna, Bihar

3. The Director General Of Vigilane Cell, Bihar, Patna, Bihar.

4. The Superintendent, Vigilance Investigation, Patna, Bihar

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhola Prasad, Adv.

                                :      Mr. Indrajeet Kumar, Adv.
     For the Vigilance          :      Mr. Rana Vikarm Singh, Adv.
     For the State              :      Mr. Saroj Kumar Sharma, AC to AAG-3.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 17-03-2023

Heard learned counsel for the petitioner, learned

counsel for the Vigilance and learned counsel for the State.

The present Writ petition has been filed for

quashing of the F.I.R. of Tikapatti P.S. Case No. 76 of 2022

dated 30.07.2022, against the petitioner lodged under sections

420, 468, 471, 120(B) of the I.P.C.

Counsel for the petitioner submits that petitioner is

innocent and has committed no offence. He submits that due to

lack of knowledge, the petitioner could not avail the remedy of

general amnesty but after getting information of amnesty later Patna High Court CR. WJC No.965 of 2022 dt.17-03-2023

on, she tendered her resignation on 01.12.2018 to the Secretary

of Panchayat Employment Unit and, as per the pleading of the

petitioner, she is out of employment and she is not receiving any

amount towards her salary. Counsel for the petitioner submits

that petitioner has made representation before Superintendent of

Police, Purnea on 02.08.2022. Counsel specifically submits that

petitioner's date of resignation is 01.12.2018, which is annexed

in Annexure-3 and the date of filing F.I.R. is 30.07.2022, after

resignation no payment was received by the petitioner but it is

also true that the resignation is after the date of acceptance of

amnesty scheme.

Counsel for the Vigilance submits that this general

amnesty has decided by the Government by the order passed by

this Hon'ble Court. The said amnesty scheme was widely

circulated in the paper and subsequently extended as well. It

was categorically indicated in the said amnesty that in future if

wrong has been found, strict legal action shall take place. Even

then the petitioner has not opted to do so and only after lodging

of F.I.R., she came forward to directly quash the F.I.R.

Counsel for the Vigilance submits that petitioners

come in those categories having no respect of law to follow on

time, therefore, the petitioner herself opted to choose the way to Patna High Court CR. WJC No.965 of 2022 dt.17-03-2023

face the legal consequences.

Counsel for the State submits that there are series

of cases of such type in the State of Bihar, which have made

huge loss to the Government exchequer, therefore, it must not be

seen liberally at this stage.

Upon going through the submissions and the

pleadings, I am not inclined to quash the F.I.R. and therefore,

the present Writ Petition is hereby dismissed, but liberty is

hereby granted to the petitioner that she may raise this plea in

this case at the appropriate stage, before the appropriate forum

and upon raising it, the same forum shall consider these points.

(Dr. Anshuman, J.) ashishsingh/-

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