Sunil Kumar vs The State Of Bihar
2023 Latest Caselaw 5395 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.22912 of 2023
           Arising Out of PS. Case No.-23 Year-2022 Thana- BADHAILA District- Rohtas
     ======================================================

Sunil Kumar Son Of Raj Kumar @ Raj Kumar Bhagat Resident Of Village - Akorhi, P.O. Akorhi, P.S. - Akorhi Gola, District - Rohtas At Sasaram.

... ... Petitioner/s Versus

1. The State of Bihar

2. Jahagir Ansari Son Of Late Reyazuddin Ansari Resident At Village -

Darjibigha, P.S. - Madanpur, Distt. - Aurangabad (BIHAR) Presently Police Inspector-Cum-Inquiry Officer, Vigilance Investigation Bureau, Patna

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.Bipin Bihari Singh, Adv For the Opposite Party/s : Mr.Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date : 17-10-2023 The present application under section 482 of the CrPC

has been filed seeking quashing of the FIR of Baghaila P.S.

Case No. 23 of 2022 registered for the offences punisable under

sections 42, 467, 468, 471 and 120(B) of the Indian Penal Code.

2. Learned counsel for the petitioner has submitted that

the FIR has been registered without due permission of the

competent authority. He has placed reliance on a communication

dated 16.09.2021 issued by the Additional Chief Secretary,

Education Department, Government of Bihar, Patna, to contend

that the Education Department has issued a clear direction that

the FIR against a government employee should be registered

only after obtaining due sanction of the competent authority.

Patna High Court CR. MISC. No.22912 of 2023 dt.17-10-2023

3. The submission which has been advanced on behalf

of the petitioner with reference to the communication dated

16.09.2021 is thoroughly misconceived for the reason that the

said communication relates to institution of a case against a

government servant from whose act department/institution/

government has incurred loss, for which sanction can be

required for criminal prosecution.

4. Here is a case, where allegation against the petitioner

is of having obtained employment using forged certificate.

Learned counsel for the petitioner has not been able to convince

this Court that the allegations made in the FIR do not constitute

cognizable offence.

5. In such circumstance, in my opinion, this application

is misconceived and is, accordingly, dismissed.

(Chakradhari Sharan Singh, J) ranjan/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          18.10.2023
Transmission Date       18.10.2023