IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.36067 of 2007 1. MD. NASIM AKHTER @ SIDDIQUE son of Sadia Liko 2. Md. Zinnah son of Md. Latif Residents of Village- Panchayat Raj Dharmpura, P.S. Barsoi, Distt- Katihar. . . . . . Petitioners. Versus 1. THE STATE OF BIHAR 2. The Collector, Katihar. 3. The Sub-Divisional Officer, Katihar 4. Suresh, Block Development Officer, Block-Barsoi, District- Katihar. . . . . . Opposite Parties. For the Petitioners : Mr. R.C. Sinha, Advocate For the State : Mr. Jharkhandi Upadhayay, A.P.P. ----------- 8/ 01.12.2009 Heard learned counsel for the petitioners and the State. Petitioners have challenged the order dated 22.07.2005 whereby cognizance of offence under Sections 420, 421, 406, 409, 167 and 120 B of the I.P.C. has been taken. Learned counsel for the petitioners states that petitioners have been implicated in this case by the informant only to save the incharge B.D.O., who is presently posted at Circle Office, Barsoi Block. In the F.I.R., it is alleged that illegality has been committed in distribution of Indira Awas to Schedule Caste / Schedule Tribe. It has further been alleged that they have misused the Government money and allotted the same for the benefit of some other persons. Learned counsel submits that petitioners were the then Mukhiya at the relevant time and the instant case has been instituted to save the B.D.O., Barsoi Block. Learned counsel submits that the lists of beneficiaries are selected by Aam Sabha under the supervision of Panchayat Secretary and the B.D.O. Thus, it is submitted that no case would be made out against the petitioners. - 2 - It appears from the impugned order that charge has been framed in this case on 27.11.2006. As such, liberty is granted to the petitioners to assail the order framing charge, if so advised. With the aforesaid liberty, this application is disposed of. Uday/ (Samarendra Pratap Singh, J.)