IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.733 of 2009 ISHWAR SAHAY RAM Versus STATE OF BIHAR & ORS ----------- 3 7.7.2010 Heard counsel for the petitioner and the State. The petitioner prays for quashing the F.I.R. of Birpur P.S. Case No.48 of 2009 registered under section 409 of the Penal Code. The allegation made in the F.I.R. is that the petitioner on his transfer from Supaul to Patna also took some files in violation of Rules. It has been alleged that in spite of repeated demand of those files, the petitioner did not produce the same. The petitioner submits that he was posted as the Executive Engineer, Eastern Canal Pramandal-2, Birpur, Supaul in the Department of Water Resources, Government of Bihar from 4.1.2006 to 17.5.2008. The Executive Engineer vide its letter dated 11.2.2009 directed the Officer Incharge, Birpur, Supaul to institute the F.I.R., but the same was registered on 16.6.2009 after lapse of four months. The petitioner has assailed the F.I.R. on two grounds; firstly the same has been instituted without permission of the departmental head and secondly the petitioner has been absolved in the departmental proceeding, as would be evident from Annexure-1. Learned State counsel submits that the F.I.R. has been instituted as the petitioner has surreptitiously taken away some of files of the office. The said files relates to various schemes, 2 KHAN which was being executed by the Canal Division. It appears that there is a claim and counter claim regarding the allegations. An F.I.R. cannot be quashed merely because the same has been filed without approval of departmental head. The plea of the petitioner to quash the F.I.R., as he has been absolved in the departmental proceeding, is not tenable in the eyes of law, in view of the decisions of the Hon’ble Apex Court, in the case of S.P.(C.B.I.) v. Deepak Chowdhary, reported in 1996 Cri.L.J.405; State through S.P.E. & C.B.I.,Andhra Pradesh Vs M. Krishna Mohan and anr, reported in (2007) 14 SCC 667 and C.B.I. vs V.K.Bhutiani, reported in (2009) 10 SCC 674. In view of the aforesaid decisions of the Hon’ble Apex Court, this court does not find it proper to quash the F.I.R. on the ground that the petitioner has been absolved in the departmental proceeding. This writ petition is accordingly dismissed. However, dismissal of this writ petition would not preclude the petitioner from filing representation before the Investigating Officer bringing all the facts as raised in this application to his notice. In case such a representation is filed, the Investigating officer would look into the same and conclude the investigation within four months from the date of receipt/production of a copy of this order. (S.P.Singh,J)