IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11773 of 2008 ACHARYA RAHUL Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner : Mr. Md. Nadim Seraj, Advocate For the Respondents : Mr. K.K.Jha, Standing Counsel-XVIII ---------------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal --------- Dated, the 5th September, 2008. In paragraphs 12 and 13 of the writ petition, the following statement has been made: - “12. That it is submitted that despite receipt of enquiry report respondent no.6 did not take any action against respondent no.9 to 12 then the petitioner filed a complaint vide C.R. No.453/07 before the Court of Learned Sub-Divisional Judicial Magistrate, Biraul at Benipur, Darbhanga alleging that respondent no. 9 to 12 in connivance with each other misappropriated the estimated amount of Rs.2,60,100/- allotted for the work of desiltation of old pokhar at village Akbarpur Benk which is also apparent from the enquiry report of respondent no.7 whereby a number of illegalities/irregularities were surfaced in connivance with respondent no. 9 to 12 therefore appropriate action be taken against the respondent no.9 to 12. 13. That it is notable to mention here that after filing of complaint against respondent no.9 to 12 the Learned court of SDJM, Biraul at Benipur examined four witnesses and all of them have supported the allegations leveled against respondent no.9 to 12 but despite that no process at all issued against them and the complaint case is still pending since about six months.” - 2 - 2. In view thereof, we are satisfied that no case for invocation of high prerogative jurisdiction in public interest is made out. Needless to say that Sub-Divisional Judicial Magistrate, Biraul at Benipur, Darbhanga shall take the complaint case to the logical conclusion. 3. Writ petition stands disposed of accordingly. R. M. Lodha, CJ Kishore K. Mandal, J Pawan/-