IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.890 of 2007 BRAJ NANDAN YADAV Versus THE STATE OF BIHAR & ORS ----------- 4 20.11.2008 In the instant writ petition the petitioner earlier had sought for various reliefs including challenge to the appointment of respondent no.22. Realizing that such challenge cannot be maintainable in a criminal the instant application, he has confined his prayer to relief no.3 whereby he has prayed for directing the respondent-police to institute a F.I.R. against respondent no.22 in view of the report submitted by the A.S.I., Kusheshwar Asthan P.S., as contained in Annexure-3. The petitioner filed a petition before the Chief Minister alleging therein that respondent no.22 on the basis of fake matriculation certificate got appointment to the post of Shiksha Mitra. He submits that pursuant to direction of superior officials a report in this respect was submitted by the A.S.I. to the Superintendent of Police, Darbhanga (Annexure-3) after making a preliminary enquiry. The A.S.I. in his report stated that respondent no.22 has obtained three different certificates in respect of his educational qualification. In view of aforesaid circumstances, the learned counsel for the petitioner submits that respondent no.22 has committed cognizable offence and as such a case be lodged against him. Learned counsel appearing on behalf of Respondent no.22 submits that the petitioner does not have any locus standi to file the instant writ petition. He submits that it would appear from the report - 2 - KHAN of the A.S.I. (Annexure-3) that the villagers informed him that there is animus between the petitioner and respondent no.22 on account of Panchayat election. The villagers had further informed that Respondent no.22 and the petitioner belongs to rival faction. Having heard learned counsel for the parties including the State, this writ petition is disposed of with an observation that if the petitioner makes a representation before the Superintendent of Police, Darbhanga bringing the report of A.S.I., Kusheshwar Asthan P.S., as contained in Annexure-3, he will look into the matter and after affording adequate opportunity to both the parties would pass necessary orders relating to institution of a case or otherwise in accordance with law within four months from the date of receipt of the representation by him. (S.P.Singh,J)