Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16285 of 2011 Ashok Kumar Singh, S/o Late Kaleshwar Singh, resident of village- Udamarakha, P.S. Katihar (M), District-Katihar. ………Petitioner. Versus 1. The Union Of India through its Secretary, Panchayati Raj Deptt., Krishi Bhavan, New Delhi. 2. The State of Bihar through the Principal Secretary, Rural Development Department, Bihar , Patna. 3. The District Magistrate, Katihar. 4. The Deputy Development Commissioner, Katihar. 5. The Sub Divisional Officer, Katihar. 6. The District Certificate Officer, Katihar. 7. The Block Development Officer, Katihar. 8. Block Programme Officer, MANREGA, Katihar. …Respondents. ------------- 02/ 06.01.2012 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner for the following reliefs:- (i) For issuance of an appropriate direction, order or writ in the nature of certiorari quashing the Certificate Proceeding vide Certificate Case No. 06/2011-12 initiated by the District Certificate Officer, Katihar. (ii) For further holding and declaring that the said Certificate Proceeding initiated against the petitioner is per se illegal, arbitrary in law as well as on facts. (iii) For further issuance of an appropriate direction, order or writ in the nature of mandamus commanding the respondents to withdraw the said proceeding which has been initiated at the instance of the CAG report to absolve their responsibility for said omission and commission on their part. (iv) For any other appropriate relief/ reliefs to which the petitioner may be found entitled - 2 - to in the facts and circumstances of the case. 3. Learned counsel for the petitioner submits that Certificate Proceeding Case No. 06/2011-12 has been initiated by the District Certificate Officer, Katihar against the petitioner and for the same reasons F.I.R. has been lodged bearing Katihar Muffasil P.S. Case No. 93 of 2011 for the offences punishable under [STATUTE] . He further submits that after receiving notice under Section 7 of the Bihar and Orissa Public Demand Recovery Act 1914 with respect to the aforesaid Certificate Case, the petitioner has already filed his objection under Section 9 of the Act. 4. In the aforesaid facts and circumstances, this writ petition is disposed of with a direction to the petitioner to approach the District Certificate Officer Katihar (respondent no. 6) along with a copy of his aforesaid objection as well as a copy of this order within 15 days from today, whereafter the said District Certificate Officer, Katihar shall consider the same in accordance with law and shall decide it by a speaking order expeditiously. If petitioner is aggrieved by the said order, he will be entitled to challenge the same before an appropriate forum provided under the Act. 5. Till the decision of the petitioner’s objection under Section 9 of the Act, no coercive action, including arrest, shall be taken against the petitioner. Sunil ( S. N. Hussain, J.)

Applicable IPC Section: 420

Statute Text:
Section 420 of the Indian Penal Code. Cheating and there by dishonestly inducing delivery of property, or the making, alteration or destruction of a valuable security. Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.