IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.51822 of 2007 CHANDRAKANTI DEVI MUKHIYA, GRAM PANCHAYAT RAN. BHANGHA, W/O KRISHNADEO CHAUDHARY, RESIDENT OF VILLAGE SISWA BHANGHA, P.S. BHANGHA, DISTRICT WEST CHAMPARAN .. Petitioner Versus 1. THE STATE OF BIHAR THROUGH HOME COMMISSIONER, GOVERNMENT OF BIHAR, PATNA 2. KISHORI DEVI, W/O BALDEO MAHTO, RESIDENT OF VILLAGE BHANGHA, TOLA MANJHARIYA, P.S. BHANGHA, DISTRICT WEST CHAMPARAN .. Respondents **** /4/ 25.01.2010 Heard the counsel for the petitioner and the State. 2. Petitioner prays for quashing the first information report of Bhangha P.S. Case No. 15 of 2007 under Sections 406 and 420/34 of the Indian Penal Code. Learned counsel submits that the instant first information report is politically motivated and has been lodged at the behest of a former M.L.A. Learned counsel has further stated in paragraph 20 of the petition that there was no question of granting any benefit under the Indira Awas Yojna, as the alleged beneficiary did not have the required marks. It has further been submitted that the Superintendent of Police made certain directions in respect of investigation - 2 - which if followed would have shown his innocence. He submits that portion of investigation also point towards the innocence of the petitioner. 3. A counter affidavit has been filed on behalf of opposite party no. 2. In course of the supervision the Deputy Inspector General of Police has found allegation to be true. 4. Having heard the counsel for the parties, this Court prima facie finds that some allegation is made out against the petitioner. However, it will be open to the petitioner to agitate his grievance, if he is aggrieved by filing of a charge sheet or subsequent order taking cognizance thereof. 5. With these observations, this application for quashing the first information report is dismissed. S.A ( Samrendra Pratap Singh, J. )