IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.513 of 2011 Satyendra Kumar Singh And Anr. Versus The State Of Bihar & Ors ----------- 2 04.08.2011 Heard learned counsel for the petitioners and the learned Advocate General appearing for the State. The prayer of the petitioners is for quashing of the first information report vide Shahpur P.S. Case No. 25 of 2011 registered on 11th February, 2011 for the offence under section 409 of the Indian Penal Code. It is submitted on behalf of the petitioners that the allegations made in the first information report is absolutely incorrect, as a matter of fact, the above case was lodged against these petitioners in retaliation since these two petitioners were taking active interest to see that the price of the grains supplied by the farmers is paid which infuriated the informant who was appointed as an Administrator after expiry of the terms of these petitioners as the Secretary & President of the Society in question. It is further submitted that the allegation that a sum of rupees one lac thirty thousands and odd was misappropriated by these petitioners is further falsified on perusal of the entries made in the Bank pass-book of the Society. Besides the above, it is submitted that the State Government has constituted a Police Cell in the Department of Co-operative, and as such, the criminal case, if at all, could not have been lodged by the general police. Learned Advocate General appearing for the State, on the other hand, submits that on perusal of the first information report it would appear that there is an allegation of misappropriate of rupees one lac thirty thousand and odd which has been reflected in the Audit Report of the Society for the year 2007-08. As regards the entries in the pass-book, it is submitted that these are the matters to be investigated and has to be assessed in respect of debit and credit entries. It is further submitted that the F.I.R. registered by the police is perfectly correct in terms of the provisions contained in the Code of Criminal Procedure, however the police cell constituted in the department is only required to assist the investigation of the police case. As regards the submission of the petitioners that the general police has no jurisdiction, I am unable to accept such submission and the same is rejected. Considering the rival submissions of the parties and on perusal of the averments made in the writ application as also the documents annexed therewith, I don not find any merit in this application and the same accordingly stands dismissed. Manish/- ( Shailesh Kumar Sinha,J.)