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 the Commissioner, PMC, the Executive Officer, PMC directed the petitioner to stop the construction. Thereafter, Vigilance Case No. 04/B/2014 was instituted against the petitioner and in the said case, the Vigilance Officer of PMC issued notice to the petitioner in exercise of power conferred under sub-section (1) of Section 323 and sub-section (1) of Section 324 of the Bihar Municipal Act, 2007 (For short “the Municipal Act, 2007”) vide Memo No. 2243 dated 24.03.2014, asking him to file his explanation within 15 days as to why the unauthorized construction made by him be not demolished. By the said notice the petitioner was also directed to stop ongoing construction of the building forthwith till further orders. However, despite service of notice to the petitioner, prohibiting him to proceed with further construction of the building, in a joint inquiry conducted on 06.05.2014 by the officers of PMC consisting of the Executive Officer, Kankarbagh Circle, the Executive Engineer, Kankarbagh Division, the Revenue Officer and the Regional Tax Collector, Kankarbagh Circle, it was found that construction work of the building in question was continuing. Under the circumstances, the Commissioner, PMC directed the informant to lodge an FIR in the local police station.

4. On the basis of the aforesaid allegations Kankarbagh P.S. Case No. 169 of 2014 dated 07.05.2014 was registered under Sections 188 and 420 of the IPC against the petitioner and investigation was taken up.

5. It has been contended by learned Counsel for the petitioner that the allegations made in the FIR do not disclose the ingredients of any cognizable offence. He has submitted that the petitioner had purchased a piece of land measuring 2 kathas and 3 dhurs appertaining to Tauzi No. 73, Thana No. 6, Khata Nos. 242 and 243 (part), situated at Mauza Lohanipur, Survey P.S.-Patna City (Pirbahore), by a registered sale deed dated 23.01.1999 from the erstwhile landlord, namely, Sri Rajeshwar Prasad Singh and Sri Suresh Prasad Singh, and since the date of purchase, the petitioner is coming in peaceful possession over the said piece of plot. The land was mutated in his name and revenue receipts are also being issued in his name. He has further submitted that the PMC is receiving Municipal Tax from the petitioner and the land is free from any litigation. The plan of construction on the said plot was sanctioned by the PMC on 20.12.2012 pursuant to which the petitioner had started construction of the building.

6. Per contra, learned Counsel for the PMC has submitted that there is no merit in the present case. The allegations made in the FIR do attract the ingredients of the offences alleged. The police have rightly registered the case and took up investigation. According to him, after sanctioning of map o