The present application under Articles 226 and 227 of the Constitution of India has been filed for quashing the first information report (For short FIR) in Kankarbagh P.S. Case No. 169 of 2014 registered under Sections 188 and 420 of the Indian Penal Code (For short IPC) pending in the court of learned Judicial Magistrate-1st Class, Patna awaiting report of police officer on completion of the investigation.

2. The prosecution case has been launched on the basis of a written report dated 6.5.2014 submitted by Sri Gopal Chandra Prasad, Revenue Officer, Kankarbagh Circle, Patna Municipal Corporation, Patna (For short “PMC”) submitted to the Officer-in-Charge, Kankarbagh Police Station. The said report had been submitted pursuant to the direction of the Commissioner, PMC.

3. In the written report of the informant it is stated that on the basis of complaint made against the ongoing construction of building of the petitioner, the Executive Officer of PMC made spot inspection and found that the building was being constructed in contravention or breach or deviation of building bye-laws. On the basis of such finding, in compliance of letter no. 2262 dated 24th May, 2013, issued by