PIL 76/2010 BEFORE THE HON’BLE MR. JUSTICE RANJAN GOGOI THE HON’BLE MR. JUSTICE B. P. KATAKEY Heard Mr. A. S. Choudhury, learned Senior Counsel, appearing for the petitioner. This PIL has been filed seeking a criminal investigation by the Central Bureau o f Investigation (C.B.I.) or any other agency with regard to alleged misappropria tion of funds exceeding a crore of rupees which has been sanctioned for the fina ncial year 2008-2009 under the Hariyali Guidelines for Bello Lora Hariyali Proj ect in Kimin area of Arunachal Pradesh. According to the petitioner, the respon dent Nos.3 and4 i.e. the Project Director, DRDA, Yupia and Block Development Off icer, C.D. Block, Kimin, have misappropriated the entire fund without executing any works. Furthermore, according to the petitioner, their initial approach unde r the Right to Information Act did not result in any meaningful result and their second approach to the Commissioner, R.T.I., Itanagar, had led to furnishing of some documents and information which the petitioner contends to be false and fa bricated. Hence the writ petition seeking a criminal investigation into the use of the funds and for further restraint orders on the use of the funds sanctioned for the financial year 2009-2010. If the petitioner is in possession of information and documents which would even prima facie go to show that funds have been misappropriated by any Govt. servan t the proper course of action would to file a F.I.R. before the concerned author ity and not to approach this Court by means of a PIL seeking an investigation in the matter. In the present case, according to the petitioner, information has been supplied to him as per the provisions of the Right to Information Act which information along with the supporting documents are false and fabricated. If th at be so, the petitioner can be understood to be in possession of requisite info rmation which would enable him to set the criminal law in motion. In the said fa cts we are of the view that this PIL ought not to be entertained. Insofar as the restraint on use of funds for the financial year 2009-2010 is con cerned, we may observe that the said financial year is already over. In any case , if there is some left over works to be done on the basis of re-allocated/re-sa nctioned funds and the apprehensions of the petitioner are founded on any reason able basis, such basis may be disclosed to the State Government seeking appropri ate orders in the matter. The PIL is refused admission for the above-stated reasons and is closed in terms of the directions and observations as above.