Mahendra Chaudhary vs The State Of Bihar Through Dgp, ...
2023 Latest Caselaw 1156 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Criminal Writ Jurisdiction Case No.374 of 2021
            Arising Out of PS. Case No.-502 Year-2018 Thana- ARARIA District- Araria
     ======================================================

Mahendra Chaudhary S/o Late Basant Chaudhary then Executive Engineer Irrigation Division, Bathnaha, Resident of Village-Punarah @ Punar, Police Station-Atari, District-Gaya

... ... Petitioner/s Versus

1. The State Of Bihar Through Dgp, Bihar, Patna.

2. The Director General of Police, Bihar,Patna.

3. The Inspector General of Police, Purnea Zone, Purnea.

4. The Superintendent of Police, Araria.

5. The Deputy Superintendent of Police,Araria

6. S.H.O. Araria P.S., under the district of Araria.

7. Dhananjay Kumar Sinha S/o Late Kailash Bihari Sinha then Executive Engineer, Irrigation Division, Narpatganj, permanent resident of village- Bansohi, P.S.-Basantpur, District-Siwan.

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

For the Petitioner/s : Mr. Raj Kumar, Adv. For the Respondent/s : Mr. Sheo Shankar Prasad, SC8 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 23-03-2023

Heard learned counsel for the petitioner and

counsel for the State.

The petitioner has filed this petition for quashing

the F.I.R. bearing Araria P.S. Case No. 502 of 2018 for the

offence under Sections 406, 409, 420 and 34 of the I.P.C. which

was instituted on 30.10.2018 by the respondent no.7.

Counsel for the petitioner submits that petitioner

was posted as Executive Engineer, Araria Division on Patna High Court CR. WJC No.374 of 2021 dt.23-03-2023

26.12.2012 where he was given extra charge of Bathnaha

Division, Araria and he has handed over his charge on

15.07.2013 to one Sudhir Kumar. Counsel has specifically

stated that he was posted in the said area only for 4 months

(08.03.2013- 14.07.2013). He submits that there is absolutely no

work has assigned in just 4 months in adhoc posting. Counsel

submits that in the year 2018, the Flying Squad has visited and

petitioner was suspended after inspection of the work which was

alleged to be done 5 years back in the Koshi zone where every

year, flood used to come.

The specific allegation in the F.I.R. is that the 10%

less cement has been used from the standard quantity. The

Flying Squad has collected the sample and directed to get it

verified from authentic laboratory of the Government of India.

But petitioner is completely unknown that what happened in the

said matter and he has been victimized in the said case.

Counsel for the petitioner submits that it is a case

of 2018, investigation is still pending. Though petitioner is on

bail but being a prudent and honest person, running his name in

criminal case is a type of stigma and unnecessary. Different

proceeding is going on without his fault and petitioner is still

under suspension since 25.07.2018.

Patna High Court CR. WJC No.374 of 2021 dt.23-03-2023

Counsel for the State submits that there is

allegation against him that he has conducted the work but the

department himself stated in Page-140 that at the said place, no

construction relating to the outlet has been made under RTI.

Counsel for the State submits that the matter is

relating to construction work and this case has been filed prima

facie after inspection of Flying Squad Team in which series of

persons were made accused for series of non-performance of

work and therefore, at this level, this case may not be quashed.

Upon going through the content of F.I.R., it

transpires that there are in total 43 Officials were made accused

in this case against whom the investigation is going on. Filing

case is one part of the matter which has been done but proper

investigation is part and parcel against all the accused persons

showing their role in commission of the alleged crime.

At this juncture, I am not inclined to interfere in the

F.I.R. and therefore, this Cr. Writ application is hereby

dismissed but liberty is hereby granted to the petitioner that he

shall represent all his points which he has raised in the writ

petition before the Superintendent of Police either in person or

through his counsel who shall look into the matter and take

decision about his involvement within a period of 6 week from Patna High Court CR. WJC No.374 of 2021 dt.23-03-2023

the date of presentation of his representation along with relevant

documents. If petitioner found and it transpires that there is no

role of petitioner in commission of crime, appropriate decision

shall be taken by him including exonerating him from this case.

With this observation, this Cr. Writ application is

hereby disposed of.

(Dr. Anshuman, J.) prakashmani/-

AFR/NAFR CAV DATE Uploading Date Transmission Date