REWATI KANT DUBEY Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) PETITIONERS have prayed for quashing of F.I.R. of Bettiah Town P.S. Case No. 216 of 2002 lodged for the offences under Section 406, 420/34 I.P.C.

(3.) WITHOUT deciding the last submission whether allegations amount to only an offence under Section 36 of the Celling Act or whether offences are made out under the I.P.C. also, this Court has no difficulty in finding that the direction of the Collector is in respect of offence relating to documents given in evidence for which procedure is laid down under Section 195 of the Cr.P.C. As per that procedure only the court of Collector or a superior court could initiate criminal proceeding by filing a complaint in writing. There is no scope for initiating an investigation by police through the lodging of F.I.R. in such a situation.