IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1019 of 2008 NITYANAND DAS SON OF LATE GHUTAR DAS, RESIDENT OF VILLAGE MIR JAFFARI, P.S. KHARIK BAZAR, DISTRICT- BHAGALPUR AT PRESENT DISTRICT CO-OPERATIVE OFFICER, KHAGARIA Versus 1. STATE OF BIHAR THROUGH S.P. ROHTAS, SASARAM 2. THE S.P. ROHTAS AT SASARAM 3. DINESH KUMAR, DISTRICT COPERATIVE OFFICER, ROHTAS, SASARAM ----------- FOR THE PETITIONER : MR, PASHUPATI PRASAD SINHA, ADVOCATE FOR THE STATE : MR. DEEPAK KUMAR, AC TO GP I FOR THE RESPONDENT : MR. UDAYCHAND PRASAD, ADVOCATE **** 9 13.07.2011 Heard learned counsels for the petitioner, the State and the respondent-Bank. Petitioner prays for quashing the first information report vide Dehri P.S. Case No. 58 of 2002 registered for the alleged offence under sections 406, 409, 420, 467, 468, 471 & 120B of the Indian Penal Code. It is submitted that on perusal of the first information report it would appear that no offence is made out against the petitioner. Moreover, the alleged amount, which was transferred and disbursed, was under the orders of the competent authority. However, the present first information report has been lodged by the informant who was not even authorized to lodge the F.I.R. which would be apparent on perusal of the memo no. 875 dated 21st March, 2002 as contained in Annexure-4. Learned counsel appearing for the State submits that it has been specifically stated in the counter affidavit that in investigation allegations against the petitioner has been found to be true, however, on account of interim order passed by this Court on 5th April, 2010 whereby this Court directed that no coercive action be taken against the petitioner, and as such, the police report has not been filed as yet. Considering the submissions of the parties, the Court is of the opinion that the truthfulness of the allegations levelled in the first information report as also the submission of the petitioner that the action in disbursing the amount by the petitioner was under the orders of the higher authority, all these aspects of the matter are to be gone into while the matter is taken up in the Court below at the appropriate stage. In view of the above, the prayer of the petitioner for quashing the first information report whereby allegations have been made with respect to the misappropriation of public money cannot be allowed. The writ application accordingly stands dismissed. However, as submitted on behalf of the State that the investigation has already been completed, let the police report be submitted without delay. Manish/- ( Shailesh Kumar Sinha,J.)