IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.81 of 2008 ANITA KUARI Versus THE STATE OF BIHAR & ORS ----------- 2 11.12.2008. Heard learned counsel for the parties. The petitioner who is Child Development Project Officer (CDPO) posted at Arwal has filed the instant application for quashing the FIR of Arwal Police Station case no. 43 of 2004 dated 25.3.2004 instituted under section 409 of the I.P.C. by one Laxman Ram. The informant in his complaint alleged that the petitioner was carrying some of the departmental items in small van with a purpose of concealing them beyond the territory of Arwal. Learned counsel for the petitioner submits that the aforesaid Laxman Ram is not a person of the department nor he is a government employee and has filed the instant FIR with a malice to harass and humiliate her. The petitioner further submits that allegations are false and in fact on 27.4.2004 she had written a letter to the District Magistrate, Arwal stating therein that she is going to change her residence on 20.5.2004 and would shift in a private house, copies of the same information had also been sent to other superior and junior officers of the department much prior to the date of occurrence. She further states that in the aforesaid letter, she clearly stated that some articles of some schemes were lying at her residence and on account of lack of place in the store she was carrying it to her new residence. Furthermore, the articles disclosed in the seizure list are the same as she has enumerated in her letter dated 27.4.2004 - 2 - addressed to the District Magistrates, Arwal. It is also submitted by the petitioner that pursuant to order of SDO, Arwal, the Circle officer, Arwal made an enquiry and found the allegations to be false against the petitioner. The District administration further got the matter enquired by the District Welfare Officer who too found that the FIR has been lodged with ulterior motive. Report of the circle officer dated 24.5.2004 and that of the District Welfare Officer dated 4.6.2004 are annexure 4 and 5 to the writ application. She further stated that the value of the scheme articles alleged to be carried by her was to the tune of Rs.14,00/-.She submits that on the ground of falsity of allegation, she was granted anticipatory bail. The State has filed counter affidavit stating that police in course of investigation has found the case to true under section 409 I.P.C. As charge sheet has been submitted against the petitioner, this court is not inclined to quash the FIR. However, it would be open to the petitioner to challenge the order taking cognizance and to pursue appropriate measures against the informant, if she believes that the informant has unnecessarily been harassing her. The writ petition stands disposed of. Shashi. (S.P.Singh,J).