PRATIK SINHA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The petitioner preferred a writ application for quashing of the first information report (For short FIR ) giving rise to Kadam Kuan P.S. Case No. 348 of 2015 registered under Sections 188 and 120-B of the Indian Penal Code (For short Penal Code ) and Sections 323, 429, 435 of the Bihar Municipal Act, 2007 (for short the Act ).

(2.) The FIR has been instituted on the basis of a written report dated 29.07.2015 submitted by one Kedar Prasad, Tax Collector, Bankipore Circle of the Patna Municipal Corporation, Patna (for short PMC ) to the Officer-in-charge of Kadam Kuan Police Station. The gist of the allegation in the written report submitted by the informant is that though the construction work of the building in question was restrained by an order passed by the Municipal Commissioner of the PMC in Vigilance Case No. 203 - A of 2013 pursuant to a complaint having been received when the informant along with other officials of the PMC and police personnel jointly visited the site for inquiry on 29th July, 2015, they found that the construction work of the building was continuing defying the prohibitory order.

(3.) On the basis of the aforesaid information, Kadam Kuan P.S. Case No. 348 of 2015, was registered on 29th July, 2015 under Sections 188 and 120-B of the Indian Penal Code and Sections 323, 429 and 435 of the Act against the petitioner and others and investigation was taken up.