IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.712 of 2008 MD. ARSHAD HUSSAIN KHAN SON OF LATE WAHID HUSSAIN KHAN, RESIDENT OF MOHALLA CHAR HAZAR, POLICE STATION MANER, DISTRICT PATNA …..PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF HOME (POLICE), MAIN SECRETARIATE, PATNA 2. DIRECTOR GENERAL-CUM-INSPECTOR GENERAL OF POLICE, GOVERNMENT OF BIHAR, MAIN SECRETARIATE, PATNA 3. SENIOR SUPERINTENDENT OF POLICE, PATNA 4. SUPERINTENDENT OF POLICE (RURAL), PATNA 5. DEPUTY SUPERINTENDENT OF POLICE, DANAPUR, DISTRICT PATNA 6. OFFICER-IN-CHARGE, MANER POLICE STATION MANER, PATNA …….RESPONDENTS. ----------- 2. 3.3.2009 This application has been filed for quashing the first information report bearing Maner P.S.case No.189 of 2005 registered under Section 384/34 of the Indian Penal Code. Mr. Shivendra Kishore, appearing on behalf of the petitioner submits that the petitioner was settlee of Maner bus stand and as such collection of tolls by his agent cannot be said to be illegal and hence no offence having been made out, first information report deserves to be quashed. In support of the submission, reliance has been placed on a decision of the Supreme Court in the case of State of Haryana and others v. Ch. Bhajan Lal and others [AIR 1992 Supreme Court 604]. I do not find any substance in the submission of the learned Counsel and the decision relied on has no bearing in the facts of the present case. Even if I assume in favour of the petitioner that Maner Bus stand was settled with him, according to the allegation, collection was made from National Highway No.30. 2 In my opinion, allegation made constitutes offence and therefore the first information report is not fit to be quashed. I hasten to add that I have not examined the truthfulness or otherwise of the allegation made in the first information report and that shall be a subject matter of the investigation. Application stands disposed off with the observation aforesaid. Narendra/ (Chandramauli Kr. Prasad, ACJ.)