IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34896 of 2007 PRAMOD DEVI & ORS Versus STATE OF BIHAR & ANR ----------- 5. 28.1.2009 The complaint petition has been filed by one Md. Mokhtar Alam alleging therein that the petitioners have wrongly exercised their power in making appointment of Urdu Teacher in the Gram Panchayat and as such they are liable to be prosecuted. Several facts have been asserted by the complainant to show that the complainant was duly qualified and had better marks and was thus entitled to be appointed. The petitioner no. 1 is the Mukhiya of the Gram Panchayat Raj Nirpur, petitioner no. 2 is the Ex-Panchayat Secretary of the Gram Panchayat and petitioner no. 3 is the husband of the petitioner no. 1. Learned counsel for the petitioners submits that the case is of a civil nature. That the question of validity of appointment can be questioned by filing a writ application or by any other procedure prescribed under the law but cannot be a subject matter of a criminal case. It is further submitted that the petitioner has not come with clean hands as Annexure-2 which is the application form of the complainant indicates that he was claiming appointment on the reserved category whereas Annexure-4 sale deed executed by the petitioner indicates that he belongs to the general category. On the basis of these facts, the petitioner submits that the complaint itself should be quashed. On perusal of the order passed by the Court below, it appears that the Court below has issued notice to the petitioner no. 1 - 2 - and asked her to produce certain documents to ascertain whether prima facie the allegations of the complainant are true. At this juncture no adverse order has been passed against the petitioners and the Court below has rightly called for the records to enquire into the truth or otherwise of the complaint petition. The issue that have been raised before this Court can well be raised before the Court below, since the Court below has already noticed the petitioner no. 1 in this matter. I accordingly dispose of this application with a direction to the Court below to consider the issues raised before this Court and look into the documents produced by the opposite party no. 2 and pass speaking orders as expeditiously as possible. P. Kumar (Sheema Ali Khan, J.)