NARENDRA BHUSHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Government Pleader No.9, appearing on behalf of the State-respondents.

(2.) The petitioner has invoked the writ jurisdiction of this Court to quash the F.I.R. of Madhubani Town Police Station Case No.8 of 2016, vide Annexure-6, registered under Sections 498 and 506 of the Indian Penal Code. Subsequently, offences under Sections 166 and 166A of the Indian Penal Code were added.

(3.) Respondent No. 2 Trisha Chakarvorty had filed an application before the District Magistrate-cum-Chairman of District Health Society, Madhubani, stating therein that the informant was posted in the Sadar Hospital, Madhubani, as Occupational Therapist, on contract basis since 20.02.2014. She received pay till the month of Aug., 2015. However, she was not paid remuneration since last four months for the reason that this petitioner, who was Civil Surgeon, Madhubani at that time, had orally ordered for stoppage of pay of the informant till certificate of the informant is re-verified. The said order was passed by the petitioner in spite of the fact that certificates of the informant was already verified by the predecessor Civil Surgeon and were found correct and genuine one. The informant had prayed to the District Magistrate for release of pay as she was facing hardship. On the same petition the District Magistrate ordered for institution of an F.I.R. against the petitioner and accordingly the F.I.R. has been lodged.