IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.800 of 2009 RAM AYODHYA PRASAD MOHALLA ILLAM RAM CHOWK, BETTIAH. VERSUS 1. STATE OF BIHAR & 2. DGP, BIHAR 3. IGP, TIRHUIT RANGE, MUZAFFARPUR 4. DIG, CHAMPARAN RANGE 5. SP, BETTIAH 6. DSP SADAR, BETTIAH 7. INSPECTOR CUM O/C TOWN POLICE STATION BETTIAH 8. THE IO, BETTIAH TOWN POLICE STATION 9. EXECUTIVE OFFICER, MUNICIPAL COUNCIL, BETTIAH. ----------- 2 05.07.2010. The petitioner prays for fair investigating in Bettiah Town Police station case no. 213 of 2008. he is an employee of Bettiah Municipality and was appointed as Tax collector on 11.8.1978. In 1994-95 he was promoted to the post of a cashier cum Tax Daroga in the same Municipality. Leaned counsel for the petitioner submits that there is a provision for annual audit. He further submits that on account of misconception, pursuant to the audit report, Bettiah Town Police Station case no. 213/08 was lodged by one Narendra Kuar, a clerk of Municipal counsel, Bettiah under sections 420 and 409 I.P.C. under order of the Executive officer alleging that despite repeated requests he could not produce papers for audit and thus misappropriated Rs. 49,17,284/-. The petitioner further submits that in spite of provision for annual audit of the accounts of the Municipal Council, no audit had been done till 2001, though he became cashier cum Tax Daroga in the year 1994-95, as such, allegation of misappropriation of amount cannot be levelled against him for 2 want of proper audit. He submits that collections have been deposited in different bank accounts of the Nagar parishad. It appears that this Court vide order dated 20.1.2009, passed in Cr.Misc.No. 44584/08, stayed arrest of petitioner in the instant case with direction to make available all the papers to the IO within 15 days so that enquiry upon the papers be completed by him. It further appears that on 11.5.2009, the petitioner produced all the documents before the Executive officer. The State counsel submits that the I.O. had summoned the petitioner with all the relevant documents and explanation in regard to alleged embezzlement. After hearing the parties, this court observes that as ordered earlier by this Court, the IO must conclude the investigation taking into consideration the explanation and documents produced by the petitioner under order of this Court dated 20.1.2009 within four months from the date of receipt/production of a copy of this order. The Executive officer, Municipal council, Bettiah is expected to act in terms of order of this Court and submit his report at the earliest. Writ petition stands disposed of. Shashi. (Samarendra Pratap Singh,J).