RANJANA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) FIRST petitioner functioned as the Mukhiya of Gram Panchayat Raj Brahmpur of Darbhanga District, during the year 2011, and the second petitioner is her husband. Alleging certain offences in the course of implementation flood reliefs operations, Mangachi P.S. Case No.13 of 2011 was registered on 07.11.2011 against the petitioners under Sections 409, 420, 467, 468, 471, 120B and 406 of the Indian Penal Code. The chargesheet is also filed in that case and the case is now pending before the learned Judicial Magistrate 1st Class, Darbhanga as Trial No.1957 of 2012. Another case, being Vigilance Case No.41 of 2012 was registered on 24.03.2012 against the petitioners and some others in relation to the same incident. It is stated to be in compliance of the direction issued by this Court to undertake further enquiry. The names of the petitioners were included therein and the same provision of law that were mentioned in Manigachi P.S. Case No.13 of 2011 were repeated. The petitioners pray for quashing of the second F.I.R. being Vigilance P.S. Case No.41 of 2012. Heard Ms. Surya Nilambari, learned counsel for the petitioners and Sri Ramakant Sharma, learned senior counsel for the Vigilance Department.

(2.) THIS Court is aware of the limitations for quashing of an FIR. It is only in exceptional and extraordinary circumstances that an FIR can be quashed. By and large, the matter needs to be decided on its own merits.

(3.) IN the present case, the peculiar situation is noticed. The petitioners are shown as accused in Manigachi P.S. Case No.13 of 2011 which was registered on 07.11.2011. In case, any offences punishable under different provisions of law are noticed, albeit, with reference to the same set of facts, the prosecution can certainly seek modification of the FIR or alteration of the provisions of law.