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2017 Supreme(Pat) 493

BIRENDRA KUMAR
Veena Kumari – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Rakesh Kumar Sharma
For the Respondents: P.K. Verma and Divya Verma

JUDGMENT :

Birendra Kumar, J.

1. The petitioner has invoked the writ jurisdiction, of this Court under Articles 226 and 227 of the Constitution of India, to quash the order dated 19.8.2014 passed by the learned Chief Judicial Magistrate, Begusarai whereby he has directed to institute an FIR under Section 156(3) of the Code of Criminal Procedure (in short the 'Cr.P.C.') on the basis of Complaint Case No. 14718 of 2014. Further prayer is to quash the FIR of Balia Police Station Case No. 373 of 2014 registered against the petitioner on the basis of said complaint of respondent No. 2 Ajit Kumar in pursuance of order dated 19.8.2014 passed by the learned Chief Judicial Magistrate, Begusarai. Respondent No. 2 filed Complaint Case No. 14718 of 2014 against the petitioner with allegation that the petitioner while posted as Programme Officer of MANREGA, misappropriated public money of different Government schemes fully detailed in the complaint petition.

2. On perusal of the complaint, the learned Chief Judicial Magistrate, Begusarai passed the order dated 19.9.2014 annexed at page 19 of the brief.

3. Submission of the petitioner is that under Section 30 of the MANREGA Act, 2005, there is prote




















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