PATNA, India, July 7 -- Patna High Court issued the following judgment on July 2:

Heard Mr. Ranjan Kumar Jha, learned counsel appearing for the petitioners and Mr. Kunal Tiwary, learned AC to GA-II, for the State.

2. The present writ application preferred by aforementioned six petitioners under section 226 and 227 of the Constitution of India, with following prayers and for reliefs:

"(I) For quashing the prosecution of the petitioners in connection with Katihar Town (Sahayak) P.S. Case No.403 of 2018 dated 25.06.2018 in respect whereof a written report was filed by the Respondent no.4 before the Respondent no.3 on 25.06.2018, attributing offences under Section 409/34 of the Indian Penal Code on the ground that since the petitioners were not at all connected with preparation and approval of the estimate of the scheme in question even if a wrong provision was made in the estimate of aforesaid scheme, the petitioners had committed no offence, if they had executed the work strictly in accordance with the estimate prepared by other accused persons and approved by the Chief Engineer.

(II) For issuance any other appropriate writ/writs,order/orders, direction/directions for which the writ petitioners would be found entitled under the facts and circumstances of the case."

Substantial Question of Law involved in the present writ application. "(1) WHETHER, the prosecution of the petitioners in the instant case would be misuse of the process of the court and ,therefore, it is liable to be quashed qua the petitioners ? (II) WHETHER, if it is not the allegation that the petitioners have any role in preparation of estimate for any wrong provision made in the estimate by the others can be a ground for prosecution of the petitioners ? (III) WHETHER, if after the irregularity in respect of item no.9 of the scheme in question was pointed out by the Flying Squad and on the basis of its recommendation, the payment made to the contractor in item no.9 of the estimate was already recovered and was credited to the government account, the department and/or the informant had any occasion to lodge First Information Report against the petitioners ? (IV) Whether the prosecution of the petitioners is otherwise bad in law?"

Prayer of the petitioners in the present writ application may reads as under: "It is, therefore, prayed that to admit this application, issue Rule NISI, calling upon the Respondents to show cause as to why this application be not admitted or disposed of at the time of Admission Stage itself and on return of the Rule, if no sufficient cause is shown,make the Rule absolute, allow this application and after hearing the parties be further pleased to quash the prosecution of the petitioners in connection with Katihar Town (Sahayak) P.S. Case No.403 of 2018 dated 25.06.2018 pending in the court of the learned Chief Judicial Magistrate, Katihar

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