ABHISHEK KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the learned counsel for the parties. In the instant writ application the petitioner prays for quashing the F.I.R. of Muzaffarpur Town P.S. Case No. 319 of 2007 dated 24.8.2007 lodged by one Gajendra Narayan Mishra, Executive Engineer, Minor Irrigation, Muzaffarpur.

(2.) THE prosecution case, in short, is as follows: - The Minor Irrigation Department had invited tender. The partnership firm of the petitioner alongwith others also filed tender. Tender paper of the petitioner 'sfirm was rejected as it did not conform to the conditions mentioned in the tender notice. The tender paper of the petitioner was substantially rejected as the firm did not deposit security money. The Department treated the petitioner 'sfirm as proprietorship and not partnership firm. The Department assumed that the petitioner 'sfirm is a proprietorship as it did not file papers in respect of it being a partnership firm at the time of filing of the tender papers. The petitioner being aggrieved by the rejection of his tender paper filed writ application in this Court being C.W.J.C. No. 801 of 2007. In the aforesaid writ application the petitioner produced Annexure -2 which is a letter issued by the General Manager, District Industries Centre, Patna, wherein he had allowed the conversion of the concerned proprietorship from one of proprietorship to one of partnership firm.

(3.) THE informant alleges that the aforesaid letter dated 18.10.2006 bearing Memo No. 1950(kh) is a forged and antedated document and as such the instant F.I.R. being Muzaffarpur Town P.S. Case No. 319/07 dated 24.8.2007 under Sections 419, 420, 467 and 468 of the I.P.C. was instituted.