IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28275 of 2009 Arun Kumar Yadav, S/o Shri Babu Lal Prasad Yadav, resident of Mohalla-Sports Club Road, Chatauni, P.S. – Motihari Town, District- Motihari Versus 1. The State Of Bihar 2. Sikandar Prasad Yadav, Special Executive Magistrate, Law, Order & Code of Conduct Cell, East Champaran, Motihari. ….. Opposite Parties. ---------------------------------- 2 14-09-2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State on the point of admission. In my view, this petition can be disposed of at the admission stage itself. This petition under Section-482 of the Cr.P.C. has been preferred for quashing of entire FIR of Motihari (T) P.S. Case No. 133 of 2009 including the proceeding. Opposite party No. 2 gave a written report to Officer- in-charge of Motihari Town P.S. alleging therein that on 10.04.2009, the petitioner alongwith 4-5 unknown persons came in his office and not only abused the opposite partly No. 2 but also torn the official documents. On the basis of aforesaid petition, Motihari (T) P.W. Case No. 133 of 2009 under Sections-188, 504, 343, 171 of the Indian Penal Code was registered against the petitioner and 4-5 unknown persons. Learned counsel for the petitioner seeks quashing of the aforesaid FIR on the ground that much prior to institution of the above-said case, the petitioner had made complaint in - 2 - respect of credibility and integrity of the opposite party No. 2 in State Election Commission, Bihar, Patna. It is further contended by him that no doubt, the opposite party No. 2 was working as State Executive Magistrate and was looking after the election work at the direction of State Election Commission but as a matter of fact, the aforesaid opposite party No. 2 was working as agent of one particular political party and when the conduct of the opposite party No. 2 was noticed by the petitioner, he immediately, approached to the State Election Commission. In my view, the registration of the F.I.R. of above-said Town P.S. Case No. 133 of 2009 cannot be quashed on the above-said ground at least, at this stage because the facts of the aforesaid case as well as the pleas raised on behalf of the petitioner, would be considered in course of investigation and furthermore, if the FIR of above-said Town P.S. Case No. 133 of 2009 is quashed at this stage, it would amount to shut the door of the prosecution at the very threshold. In the aforesaid circumstances, this petition is, hereby, dismissed. However, the petitioner may raise all his pleas at appropriate forum after completion of the investigation of the aforesaid Town P.S. Case No. 133 of 2009. AKV/- (Hemant Kumar Srivastava,J.)