S. Shamsul Hasan, J.

These two writ applications were heard together and are being disposed of by this common judgment because they involve the same questions for determination.

2. Cr.W.J C No: 18/81 (R) (hereinafter referred to as 'the Ranchi Case') seeks quashing of the police investigation pending in Ranchi Kotwali P.S. Case No. 17(6)76, and Cr. W.J.C. No. 19/81 (R) (hereinafter referred to as 'the Hazaribagh Case') seeks quashing of the police investigation pending in Hazaribagh Sadar P.S. Case No. 13/(4)76.

3. The Ranchi case is being investigated on the basis of a F.I.R. lodged by the Additional District Magistrate, Ranchi, on 7.6.1976 under sections 420, 406, 409 and 120B of the Indian Penal Code. The Hazaribagh case is being investigated on the basis of a F.I.R. lodged by the Additional Collector, Hazaribagh, dated 16.4.76 -Attached to the F.I.R. of Ranchi case is a statement of cheques and a note of expenditure of accounts maintained by the District Lottery Officer, Ranchi, recorded by P.S. Prasad, District Accounts Officer, Ranchi, on 14.3.76, 15.3.76, 17.3.76 and 18.3.76. Also similarly attached is a statement of cheques with the Hazaribagh case.

4. Taking up the Ranchi case first, it would be advisable to set out the allegations as made in the F.I.R. for proper appreciation of the matter.

"From the report or the District Accounts Officer dated 19.3.76 it appears that 31 cheques amounting to Rs 13,01,697.75 has been issued by Sri H.K. Sahay, Proprietor M/s Sahay Agency, Hirapur, Dhanbad (Lottery Agent) during the period from 15.3.74 to 20.12.75 Those cheques were issued in favour of District Lottery Officer, Ranchi, upon different Banks. A tabuler statement showing details of the cheques is enclosed below.

2. The District Lottery Officer of Ranchi, Shri B.P. Shrivastava issued lottery tickets to the above named agent H.K. Sahay from time to time' against those cheques inspite of the fact that his earlier cheques out of 31 cheques in question were not honoured by the Bank. This indicates that the District Lottery Officer acted against financial rules and all Cannons of propriety in collusion with the Lottery Agent H.K. Sahay and thus they put the State Government to a loss of Rs. 13,01,697.75.

3. It appears from D.O. letter no. 2584/LF dated 12.5.76 from Shri N.K. Singh, Director of State Lotteries, Bihar, Patna, that the District Lottery Officer, Ranchi, had indicated On 25.9.75 in the meeting of District Lotteries Officers held at Patna that accounts till 59th Draw were clear and the amounts were already deposited in the Treasury. Further, it appears from the D.O. letter in question that in his written statement furnished on 30.7.75 to the Director State Lotteries, the District Lottery Officer, Ranchi, had indicated that the amounts till 57th draw were clear and that the amounts had been deposited in the Treasury. By another letter no. 21 dated 25.2.76 addressed to the said Director, the District Lottery Officer had reported that only a sum of Rs. 49,000/- was outstanding for realisation till 62nd.Draw against cheques of Shri H.K. Sahay. From the said D.O. letter it also appears that in course of review of sales and deposits of 63rd draw towards the end of February, 1976, the District Lottery Officer, Ranchi, had indicated that only a sum of Rs. 1,42,670/- was outstanding: or realisation against cheque issued by H.K. Sahay. Thus it will appear that the total outstanding dues till the 63rd draw as reported by the District Lottery Officer, Ranchi, was Rs.13,01,968.75 as per report of the District Accounts Officer, Ranchi, referred to above.

4 On the basis of fact' stated appear it is requested that the matter may kindly be investigated against H.K, Sahay, Agent. Sri B.P. Srivastava, District Lottery Officer, Ranchi, and any other person or persons involved in the matter and legal action. be taken against them u/s 420, 406, 409, 120B and other sections of I.P C."

The following statements in the annexed report is also