MOLAYASA KHATUN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and the State.

(2.) The present writ petition has been filed for quashing of first information report bearing Sangrampur P.S. Case No. 268 of 2019, dtd. 6/12/2019, lodged under Ss. 420, 409 and 120B of the Indian Penal Code, 1860, pending in the Court of the Sub Judge XIV-cum-Additional Chief Judicial Magistrate, East Champaran at Motihari.

(3.) Mr. Rajendra Narayan, learned Senior Counsel, assisted by Mr. Asit Kumar Jha, counsel for the petitioners submits that the petitioners are duly elected members of Ward Nos. 5, 9, 10 and 11 of the Gram Panchayat Raj Pashchmi Madubani, Dariyapur, district East Champaran at Motihari. Counsel for petitioners submits that the said first information report has been lodged in gross violation of Rule 4(2) and Rule 9 of the Bihar Panchayat (Inspection of Offices and Inquiry into Affairs Supervision and Guidelines) Rules, 2014, (hereinafter referred to as, 'the Rules') framed by Panchayati Raj Department vide Notification No. 8Ps/IV-04-103/2010/9817, dtd. 15/12/2014, published in Bihar Gazette Extra Ordinary No. 185, dtd. 16/1/2015, in exercise of the power conferred by virtue of Sec. 146 of the Bihar Panchayati Raj Act, 2006 (Bihar Act 6, 2006).