IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.987 of 2008 MANOJ KUMAR & ORS Versus STATE OF BIHAR & ORS ----------- 2 5.2.2009 Heard the learned counsel for the parties. The petitioners are Junior Engineers and Assistant Engineers of Rural Development Department Works Division-2, Nalanda at Bihar Sharif. They seek quashing of the F.I.R. dated 15.10.2008 bearing Biharsharif P.S.Case No.281/08 under sections 409,420,467,468 and 471/34 of the I.P.C. In the facts and circumstances of the case, this Court is not inclined to quash the F.I.R. The petitioner assails the institution of the F.I.R. on the ground that the same has been instituted in violation of the Government order contained in Memo No.8411 (5) dated 25.6.2008 issued by the Department wherein it has been resolved that before lodging any criminal case against employees, sanction from the head of the department should be taken . In para 4 of the supplementary affidavit he has stated that enquiry into the allegations against the petitioners and other Engineers are being made by an Enquiry Committee constituted by the District Magistrate, Nalanda. The State counsel submits that the F.I.R. was instituted on the basis of the earlier report submitted by the Enquiry Committee. Having heard the learned counsel for the parties this Court is of the view that the petitioners , if so advised, may make 2 representation before the S.P., Nalanda at Bihar Sharif. However, no coercive step shall be taken for four weeks. It is made clear that this Court has not expressed any opinion as to the merit of the case. With the aforesaid observation and directions this writ application is disposed of. Anilksinha (Samarendra Pratap Singh,J.)