MANTU SHARMA @ PRADUMAN SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners are accused in Economic Offence Police Station Case No.4 of 2012. They have invoked the writ jurisdiction of this Court, under Articles 226 and 227 of the Constitution of India, to quash the F.I.R. of aforesaid case registered under Sections 387/420/120B of the Indian Penal Code vide Annexure-4.

(2.) It appears that after investigation the police has already submitted charge sheet in Economic Offence P.S. Case No.4 of 2012 against the petitioners. Hence, second prayer is for quashing of the cognizance order, dated 25.07.2014, passed by the learned Sub-Divisional Judicial Magistrate, Patna, vide Annexure-5. Further prayer is for quashing the notification dated 25.03.2013 issued by respondent No.3, Special Secretary, Home (Police Department), Government of Bihar, whereby Economic and Cyber Crime Unit has been changed into Economic Offence Police Station with retrospective date from 15.12.2011 vide Annexure-2.

(3.) The challenge is on the ground that the government cannot declare Economic Offence P.S. with retrospective date from 15.12.2011 vide Gazette Notification dated 26.03.2013 at Annexure-2. In the circumstances, institution of the F.I.R. and investigation of the case by Economic Offence Police Unit is without jurisdiction and vitiated in law. Reliance has been placed on the case of Smt. Ram Deni Devi Vs. State of Bihar reported in 2011 (1) PLJR 1097.