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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.86989 of 2019 Arising Out of PS. Case No.-246 Year-2016 Thana- GANDHIMAIDAN District- Patna ====================================================== ANIL KUMAR Son of Late Dinkar Dyal Singh Resident of Village - Chack Bairiya, P.O.- Bairiya, P.S.- Gopalpur, Dist.- Patna (Bihar) at present incharge Assistant Zila Parishad Patna. ... ... Petitioner Versus
1. The State of Bihar
2. Deputy Development Commissioner cum chief Executive officer, zila Parishad Patna Bihar
3. Chairman zila parishadat Patna at present. Bihar
4. Sri Nikhil Kumar, Principle Assistant, zila parishad Patna. Bihar ... ... Opposite Parties ====================================================== Appearance : For the Petitioner : Mr. Hemant Kumar, Advocate For the Opposite Party : Mr. Jharkhandi Upadhyay, APP For the Zila Parishad : Mr. S.K. Thakur, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 7 03-04-2025 Heard learned counsel for the parties. 2. In this case, the petitioner has prayed to quash the F.I.R. vide Gandhi Maidan P.S. Case No.246 of 2016 registered for the offence under section 379 and 120-B of the Indian Penal Code. 3. As per the F.I.R. the office file relating to settlement of 24 shops has been misplaced. On enquiry, the petitioner, who is the assistant-in-charge, has stated that the said file was sent to the then Chairperson, Zila Parishad, but the same was not returned back. In this regard, the Chairperson, Zila Parishad, has clarified in writing that no such file has been presented before her by the petitioner. Patna High Court CR. MISC. No.86989 of 2019(7) dt.03-04-2025 2/2
4. As per the submission of learned counsel for the petitioner the investigation of the case is going on. Learned counsel for the petitioner is relying on subsequent developments and submits that no case is made out against the petitioner. 5. Since the allegations against the petitioner are serious in nature and the defence of the petitioner cannot be examined at this stage, I am not inclined to quash the F.I.R. However, the petitioner may approach the investigating officer of the case with the facts of the case and if the investigating officer finds that no case is made out he can file the final form. The investigating officer is directed to complete the investigation of the case within three months from the date of receipt/production of a copy of this order. 6. With the aforesaid observations and directions, this application is dismissed.
pawan/- (Sandeep Kumar, J) U T