IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.918 of 2008 NARESH PANDEY Versus THE STATE OF BIHAR & ORS ----------- 2 3.2.2009 In the instant writ petition the petitioner prays for quashing the F.I.R. of Sachivalay P.S. Case No.91 of 2008 under sections 409/34 of the Penal Code. It is alleged that the petitioner along with one Awadhesh Kumar Singh and Baidnath Mahto, who were Accountants and Office Superintendent respectively in the office of Deputy Director, Agriculture have allegedly misappropriated a sum of Rs.1,35,593.25, as would be evident from F.I.R., Annexure-1. Learned counsel for the petitioner submits that the petitioner retired as Accountant in the year 2001 and F.I.R. has been belatedly lodged after seven years by the official of the State Government though he did not commit any misappropriation. Learned counsel has drawn my attention towards the representation dated 12.8.2008 (Annexure-4) written by the petitioner to the Director Agriculture on 7.8.2008 wherein he has specifically stated that he has already deposited a sum of Rs.46,715.40 and Rs.20,238.52. He has further stated that he is willing to deposit the rest of the amount also from his retiral dues. Learned State counsel has filed counter affidavit stating that the case is pending investigation. Having heard learned counsel for the parties and on going through the materials on record, this court is of the view that the - 2 - KHAN petitioner should file a representation before the Investigating agency annexing a copy of his earlier representation dated 7.8.2008, as contained in Annexure-4. In case such a representation is filed, the Investigating agency will look into it and examine the same prior to submission of final report. The Director, Agriculture will also look into the matter in light of Annexure-4 and pass appropriate order in accordance with law. In the meanwhile, no coercive action would be taken against the petitioner for a period of four weeks from today in order to enable him to file his representation before the Investigating agency of the case. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)