In this criminal writ petition, the High Court was petitioned to issue writs mandamus directing registration of an FIR and restraining funds from being released to a college managing committee allegedly misled by a principal holding a forged certificate. The court noted the petitioner failed to exhaust remedies as required by law.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.1495 of 2019
Arising Out of PS. Case No.- Year-0 Thana- District- Gopalganj
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BALESHWAR TIWARI S/o Sri Paramhansh Tiwari R/o village- Ishwapur, P.S.- Kuchaikot, District- Gopalganj
... ... Petitioner/s
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr.Nityanand Mishra For the Respondent/s : Mr.M. Nasrul Huda Khan ======================================================
Patna High Court CR. WJC No.1495 of 2019 dt.18-11-2019 2/4
CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 18-11-2019
The present writ petition has been filed for the following reliefs as formulated by the petitioner__
“(i)That this is an application for issuance of an appropriate writ/writs in the nature of mandamus directing/commanding the respondent no. 7 (the SHO, PS Kuchaikot) to register the First Information Report against respondent no. 18 (Ram Dular Prasad @ Ram Dular Das) in accordance with law for such type of fraud committed by the respondent no. 18 (Ram Dular Prasad @ Ram Dular Das) by holding post of Principal on the basis of forged certificate and further to recover all the paid amount by way of salary and other means as received by him earlier along with interest. (ii) For further directing and commanding the respondent nos. 8 to 16 not to release the fund to the Secretary, Managing Committee, Shree Mahendra Das Inter College, Mathia, Nechua Jalalpur, P.S. Kuchaikot, District Gopalganj and Dr. Ramdular Prasad son of late Deo Narayan Rawat, resident of village and Post Agya Mahamada, District Siwan (respondent no. 19 and 18) as he has misused the Govt. money on the basis of forged certificate as his basic qualification certificate i.e. Matriculation
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certificate, is forge and fabricated and also received salary/payment as fake teachers/staffs and his relatives who are not actually engaged/employed in the said Inter College.
(iii) Further for direction to the respondent no. 8 to 16 to stop immediately releasing the fund to the respondent no. 18, because he has enjoying and misusing the Government money as he is not eligible to use the Government money because his basic qualification certificate was achieved by making fraud.
(iv) Further for directing the respondent concerned to initiate a proceeding against the respondent no. 18 in accordance with law for such type of fraud committed by the respondent no. 18 by holding post of Principal on the basis of forged certificate and further to recover all the paid amount by way of salary and other means as received by him earlier along with interest.
(v) For any other relief/reliefs, for which the petitioner is entitled to.”
registration of the FIR is concerned, the petitioner does not appear to have taken any remedial steps as provided under the Code of Civil Procedure. Learned counsel for the petitioner has not demonstrated that he has approached
Patna High Court CR. WJC No.1495 of 2019 dt.18-11-2019 4/4
the higher authorities or filed any appropriate application before the learned Court below in that regard.
Vikash Jain, J)
Chandran/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 18.11.2019 |
| Transmission Date | 18.11.2019 |
3 issues framed by the court
Whether the High Court should interfere in the non-registration of FIR regarding alleged fraud.
Whether the writ petition should be dismissed without proper exhaustion of remedies.
Whether the petitioner pursued remedy before concerned authorities after earlier dismissal.
Baleshwar Tiwari
The State of Bihar
The Director general of Police, Bihar
The Inspector General of Police, Tirhut Zone
Ram Dular Prasad @ Dr. Ram Dular Das
Vikash Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
