IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.231 of 2009 BASUDEO PRASAD @ BASUDEO PRASAD YADAV, SON OF SRI BUDHAN MAHTO, RESIDENT OF VILLAGE SIHIN, P.O. SIHIN, POLICE STATION HISUA, DISTRICT NAWADA……………………………………………………………….…PETITIONER VERSUS 1. THE STATE OF BIHAR 2. DISTRICT MAGISTRATE, NAWADA 3. BLOCK DEVELOPMENT OFFICER, NAWADA 4. OFFICER INCHARGE, NAWADA, POLICE STATION, NAWADA………………………………………………..…………RESPONDENTS ----------- 3. 12.01.2010 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner in this writ application has prayed for quashing of the first information report dated 2.9.2007 registered as Nawadah Muffasil P.S. Case no.97/07. It is submitted by learned counsel for the petitioner that for an incident in which Mukhiya of the Gram Panchayat, Bhadokhra had forcibly snatched away cheque books and several other official papers from him in the night of 16.06.2007, he had lodged a complaint with the Block Development Officer, Nawadah. The Block Development Officer, Nawadah forwarded the same to the Police Station where it was registered as Nawadah Muffasil P.S. Case No.79/07 under Sections 347, 420, 467, 468 read with Section 34 of the Indian Penal Code and investigation - 2 - proceeded. Almost two months thereafter i.e. on 16.08.2007 B.D.O. sent a written request to the Officer Incharge of Nawadah Muffasil Police Station for instituting a case against the petitioner for having absconded with certain government papers and registers. He submits that the subsequent first information report which was registered as Nawadah Muffasil P.S. Case No.97/07 was under Section 409 of the I.P.C. He submits that the second F.I.R. is mala fide as the first F.I.R. was also instituted on the orders of the B.D.O. almost two months earlier in which petitioner had in detail narrated the manner in which the Mukhiya had snatched documents and papers from him. It appears that both the first information reports are substantially in respect of disappearance of the official papers and registers. Therefore, the Investigating Officer is directed to complete investigation in the first F.I.R. i.e. Nawadah Muffasil P.S. Case No.79/07 first and submit a final report and then only proceed with the investigation of the second F.I.R. Till the investigation of the first F.I.R. is complete and final report is submitted, no - 3 - coercive action shall be taken against the petitioner. However, this order will be subject to the condition that petitioner will co-operate in the investigation of the case at all point of time. The writ application is, accordingly, disposed of with the above observations and directions. B.T (J. N. Singh, J.)