IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1094 of 2010 1. NARENDRA KUMAR, son of Shri Mukund Lal, Village- Lalawadi, Tahshel Ramgarh, District- Alwar in the State of Rajasthan. At present at Samastipur. 2. Anil @ Anil Kumar, son of Ratan Lal, at Samalidilawar, Tahshel- Lakshmangarh, district Alwar in the State of Rajasthan. . . . . . . Petitioners. Versus 1. THE STATE OF BIHAR through Secretary, Department of Transport, Government of Bihar, Patna. 2. The Transport Commissioner, Government of Bihar, Nirman Bhawan, Bailey Road, Patna. 3. The District Transport Officer, Samastipur. . . . . . . . . Respondents. ----------- 2/ 22.11.2010 Heard learned counsel for the parties. In the instant writ application, the petitioners have prayed for quashing the First Information Report of Musari Gharai P.S. case no. 89 of 2010 registered under Section 3(2) (e) of the Prevention of Damage to Public Properties Act, 1984, instituted by District Transport Officer, Samastipur. Learned counsel for the petitioners submits that the main allegation is of over loading. Learned counsel made two submissions; Firstly he submits that he has already been penalized under Section 194 of the Motor Vehicle Act and deposited the penalty leveled against them. The next submission of the petitioners is that for the same offence they have proceeded under Section 3 (2) (e) of the Prevention of Damage to Public Properties Act, which is not permissible in the eyes of law. Learned counsel submits that recently First Information Report is being instituted under this provisions in view of letter dated 10.08.2010 issued by Secretary-cum State Transport Commissioner, Government of Bihar, Patna by which 2 he directed all the District Magistrates also to file First Information Report against the drivers, permit holders and owners of the vehicle, which are found to be over loaded under section 3(2) (e) of the Prevention of Damage to Public Properties Act, 1984. Learned counsel submits that one Vikash Kumar Singh filed C.W.J.C. No. 17979 of 2010 challenging the aforesaid letter. This Court by order dated 02.11.2010 has stayed the operation of impugned letter dated 10.08.2010 pending final hearing of the case. The instant First Information Report has been instituted on the basis of the aforesaid letter dated 10.08.2010, issued by Secretary-cum-State Transport Commissioner, Government of Bihar, which has already been stayed by a Bench of this Court in C.W.J.C. No. 17979 of 2010. This Court observes that further investigation in this case would remain stayed till disposal of C.W.J.C. No. 17979 of 2010. This Court further observes that as the fine amount has already been paid, the vehicle in question would be also released on furnishing adequate surety to the satisfaction of Chief Judicial Magistrate, Samastipur, pending final disposal of the case. With the aforesaid direction, this application is disposed of. Uday/ (Samarendra Pratap Singh, J.)