IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32655 of 2008 Rajendra Upadhyay, Son of Late Prayag Upadhyay, Resident of Village Khopira, PS Pabna, District Bhojpur, Presently posted as Steno in Minor Irrigation Department, Patna --- Petitioner Versus 1. The State Of Bihar. 2. A.K. Sinha, Son of not known, Secretary, Minor Irrigation Department, Patna, Bihar. 3. Brajindra Narain Singh, Son of not known, Deputy Secretary, Minor Irrigation, Patna, Bihar. 4. Rajeshwar Prasad, Son of not known, Government Pleader No. 6 in Patna High Court, Patna. 5. Sunil Kumar Thakur, Son of not known, Superintending Engineer, Minor Irrigation Research Department, Patna, Bihar. 6. Badri Narain, Son of not known, Executive Engineer, Minor Irrigation Research Department, Patna. ----- Opposite Parties ----------- 2 30.6.2011 This application has been filed for quashing the order dated 29.2.2008 passed in Complaint Case No. 2228(C) of 2003 dismissing the complaint petition. The allegations in the complaint petition are that the complainant was put under departmental proceeding and while he was under departmental proceeding, the Secretary of the Department and other officials did not supply him the relevant documents regarding the departmental proceeding. On the basis of the aforesaid allegations this complaint case has been filed. The Judicial Magistrate, 1st Class, Patna has rightly come to a conclusion that this is a case with respect to discharge of official duties which does not come within the purview of an offence under the Indian Penal Code. This Court finds that the order of the Judicial Magistrate, 1st Class, Patna is completely justified. This application is dismissed. Sanjay ( Sheema Ali Khan, J.)