IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.864 of 2007 SRI MAN MARDHAN SHUKLA & ANR Versus THE STATE OF BIHAR & ORS ----------- 4 20.10.2008 In the instant writ petition the petitioner prays for quashing F.I.R. in Goraul (Kathara) P.S. Case No.3 of 2007 dated 5.1.2007 under sections 183,283,336,420,409/34 of the Penal Code instituted upon a written report of Assistant Engineer, Road Division, Mahua, Vaishali. Learned counsel for the petitioners submits that pursuant to an advertisement the petitioners were awarded contract for improvement of Muzaffarpur-Mahua road within 15 to 29 Kms under NABARD Schemes. He submits that immediately after award of a contract, an agreement was executed in between the parties on 27.11.2006 and thereafter the petitioners started their work. The inspection of the work was done more or less within a month of the agreement in course of which certain alleged irregularities were found. He submits that in nut shell the complainant states that after box cutting no step has been taken for the security of the general public and in spite of repeated directions inferior materials were not removed from the site. He submits that even assuming the entire prosecution case to be true, no case for institution of a F.I.R. is made out. He submits that the matter could have been sorted out between the parties after providing due opportunity to the petitioners. Learned counsel for the State submits that the materials stored at site were of inferior quality and no step has been taken for - 2 - KHAN providing security to the general public. Having heard learned counsel for the parties, this court directs if the petitioners file a representation before the Secretary, Road Construction Department, Bihar, Patna raising all their grievances that they had not made any violation of the agreement, he would look into the matter and pass appropriate order in the matter. In case the petitioners are aggrieved by such order, it would be open to them to move before the appropriate forum in accordance with law. With the aforesaid observations, this writ petition stands disposed of. (S.P.Singh,J)