IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.663 of 2008 CHAND KISHORE SINGH son of Late Baidhyanath Singh resident of village Kumarpatti, P.s. Simari, District Darbhanga Versus 1. STATE OF BIHAR 2. The District Magistrate, Darbhanga 3. The D.D.C. Darbhanga 4. The S.D.O. Darbhanga. 5. The Officer-in-charge, Jairampur, District Shekhpura. 6. Mangal Tati, son of Gago Tati, resident of village Jagdishpur, P.S. Jairampur, District Shekhpura. ----------- 2 2/3/2009 This application has been filed for quashing the first information report bearing Simri P.S. Case no. 71/2008 registered under sections 406, 409, 420, 120-B of the Indian Penal Code and section 25 of the National Rural Employment Guarantee Act (NREG Act). Mr. Shakil Ahmad khan, Senior Advocate appearing on behalf of the petitioner submits that before lodging of the F.I.R. enquiry ought to have been conducted by the Officer not below the rank of the Sub-divisional Officer and in the present case the enquiry has been conducted by the A.P.O. before lodging of the F.I.R. and this itself vitiates the first information report. I do not find any substance in the submission of the learned counsel. The allegation made in the first information report constitutes the offence. Further it seems that the A.P.O. has conducted investigation at the instance of the Deputy Development Commissioner, who is an Officer above the rank of the Sub-divisional Officer and on the basis of the communication of the Deputy Development Commissioner, the - 2 - case has been lodged. I am of the opinion that no case is made out for quashing of the first information report. This application stands dismissed in limine. (C. K. Prasad, ACJ.) AMIN