IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.22527 of 2008 MD. HAFIZ son of late Ali Baksh r/o Kolodih, P.S. Bikramganj, Distt Rohtas. At present Assistant Engineer, Design and Division No.1 Irrigation Department Anishabad, P.S. Gardanibagh, Distt.- Patna. . . . . Petitioner. Versus THE STATE OF BIHAR ----------- 3/ 20.05.2010 Heard the learned counsel for the petitioner and the State. The petitioner has prayed for quashing the First Information Report of Ara (Nawada) P.S. case no. 181 of 2007, G.R. No. 2559 of 2007, under Sections 409 and 420 of the I.P.C. The allegation is that on the basis of forged Last Pay Certificate, petitioner has drawn his salary from the transferred place of posting i.e. Anishabad, Patna. Learned counsel for the petitioner submits that it is not the case that petitioner was not transferred at Anishabad. He further submits that it is also not in dispute that petitioner is not entitled for salary. He further submits that on account of malice or certain confusion, the instant First Information Report has been lodged by the Executive Engineer. Furthermore, the allegation is that he drew the salary on the basis of forged L.P.C. is entirely false. After hearing the parties, I am not inclined to quash the First Information Report, as there is allegation against the petitioner of not issuing correct L.P.C. It will be open to the petitioner to represent before the investigating officer that he has drawn pay on the basis of genuine L.P.C. and he is entitled to draw his salary. It will be open to - 2 - the petitioner to challenge the Final Report, if he is aggrieved by it. With the aforesaid observation, this application is disposed of. Uday/ (Samarendra Pratap Singh, J.)