SUSHILA DEVI Vs. STATE OF BIHAR AND ORS

JUDGEMENT

(1.) Heard learned counsels appearing on behalf of the petitioner and State.

(2.) This application has been filed for quashing of the First Information Report in connection with Teghra P.S. Case No. 192 of 2009 dated 28th October, 2009 for the offence under Sections 409 and 420/34 of the Indian Penal Code.

(3.) In paragraph no.-5 of the writ application, the main ground taken against the case instituted is competency of Block Panchayat Raj Officer to inquire and get the case instituted since he is not at all authorised to do so into the matters relating to Gram Panchayat/Panchayat Samitees without any prior information to and subsequent direction of the District Magistrate after perusal of the report, if any, in view of Annexure-2 i.e. notification of Government of Bihar, Department of Panchayati Raj vide Memo No. 4383 dated 26th August, 2008 which reads as such:-