RAJENDRA PRASAD ARUN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State.

(2.) This application under Articles 226 and 227 of the Constitution of India has been filed by the petitioner for quashing the First Information Report (for short 'FIR') as well as the entire criminal proceeding in connection with Gaya Civil Lines P.S. Case No.67 of 2016 registered inter alia under Sections 477 and 420 of the Indian Penal Code.

(3.) Mr. Binod Kumar Singh, learned counsel appearing for the petitioner submitted that there is no disobedience on the part of the petitioner in compliance of the orders of the superior officials. The petitioner had safely kept the documents in Kisan Bhawan, but in a theft committed on 01.02.2015, the documents were stolen and a report in this regard was made to the Officer-in- charge of Chandauti Police Station, Gaya on 01.02.2015 itself pursuant to which, Station Diary Entry was made. He submitted that the said report was lodged by the petitioner one year prior to the lodging of the FIR. The contention is that the institution of the FIR against the petitioner is an abuse of the process of the court. Hence, the same deserves to be quashed.