IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.911 of 2008 NIRBHAY KUMAR, S/O DHARMAPAL RAI, R/O VILLAGE- VISHAMBHARPUR, P.S.-BIHTA, DISTRICT-PATNA. ……………PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, PATNA. 3. THE SENIOR SUPERINTENDENT OF POLICE, PATNA. 4. THE OFFICER—IN-CHARGE OF BIHTA POLICE STATION. 5. CHAMPA DEVI, D/O SINGHASAN BHAGAT, VILLAGE- VISHAMBHARPUR, P.S.-BIHTA, DISTRICT-PATNA. 6. SHASHI BHUSHAN SHARMA, S/O LATE SURYADEO SINGH, R/O VILLAGE GOVINDPUR, P.S.-BIKRAM, DISTRICT- PATNA. 7. GOPICHAND PRASAD, EX PANCHAYAT SACHIV, SRI RAMPUR GRAM PANCHAYAT, BLOCK BIHTA, DISTRICT- PATNA, R/O VILLAGE HULASI TOLA, P.S.-MANER, DISTRICT-PATNA. ………………RESPONDENTS. ----------- 5 18.05.2009 Heard learned counsel for the petitioner and learned counsel for the State. This writ application has been filed for issuance of a direction to the respondents to institute the FIR against the Mukhiya, Panchayat Sachiv and others of the Rampur Gram Panchayat in the district of Panta. Learned counsel for the petitioner submits that enquiry was held by the Executive Officer on the orders of the Sub-Divisional Officer, Danapur and a report was submitted by the Executive Officer to Sub-Divisional Officer, Danapur, a copy whereof is annexed as Annexure-1. He submits that from this report, it is apparent that the misappropriation and defalcation of pubic money was done by the officials of the Panchayat and irregularities were committed in the several work executed by them. He submits that in view of the said report prima facie case is made out. Therefore, the respondents be directed to institute the FIR against the persons held responsible and named in the said report. It is apparent that if after enquiry allegation against the functionaries of the Panchayat is made out and the case of defalcation, - 2 - misappropriation and irregularities is executing in public work surfaces, constituting a criminal offence, the authorities are legally bound to take steps in accordance with law against the persons responsible for the same. In the circumstances, the Sub-Divisional Officer, Danapur is directed to consider the said report and place the entire matter with full facts before the District Magistrate, Patna for appropriate orders for institution of a case. In case, the District Magistrate, Patna finds that criminal offence is made out against the named accused persons he shall pass appropriate orders for institution of a criminal case against the persons responsible in accordance with law as expeditiously as possible preferably within a period of two months from the receipt/communication from the Sub-Divisional Officer, Danapur. With the above observations and directions, this writ application is disposed of. Arvind/ (J.N Singh, J)