Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13133 of 2012 ====================================================== Manoj Kumar Rai, son of Shri Murari Rai, at present posted as Marketing Manager of On Dot Couriers and Cargo Ltd, Office situated at Chandi House Apartment, Exhibition Road, P.S. - Gandhi Maidan, District- Patna. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Raja Ram Mishra, Advocate For the Opposite Party/s: Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 2 29-03-2012 Heard the parties. The petitioner has prayed for quashing of FIR arising from Gandhi Maidan P.S.Case No.152 of 2011 registered for the offences punishable under [STATUTE] . The prosecution case, as according to the FIR, in brief is that the petitioner is an employee of M/s On Dot Couriers and Cargo Limited, a courier company. The informant had obtained the services of the courier company of which the petitioner is an employee, for delivery of mobile hand sets, packed in 11 cartons. The cartons so received by the petitioner were stolen. The allegation in so far as the present petitioner is concerned is that he is the person who had received the cartons. As admittedly there had been a theft of the cartons from the premises of the courier Patna High Court Cr.Misc. No.13133 of 2012 (2) dt.29-03-2012 2 company, the courier company also instituted a case giving rise to Gandhi Maidan P.S. Case No.159 of 2011, in which the police has submitted charge-sheet whereas the matter in so far as the present case is concerned is yet under investigation by the police. The only ground raised by the petitioner seeking quashing of the FIR is that the money worth of the hand sets which has been mentioned in the FIR, i.e. Rs.5,83,469/- has since been recompensed to the informant, Manager of M/s Sunil Tubes. He thus submits that the monetary loss of the informant having been made good upon replenishment of the monetary loss suffered by the mobile company, the continuation of the present proceeding would be an abuse of the process of law. Having heard learned counsel for the parties and having perused the materials on record and considering the circumstances that the matter is yet under investigation by the police, this Court is of the opinion that it would not be appropriate to interfere with the investigation at this stage. With the aforesaid observation this application is disposed of. SKPathak/- (Jyoti Saran, J)

Applicable IPC Section: 420

Statute Text:
Section 420 of the Indian Penal Code. Cheating and there by dishonestly inducing delivery of property, or the making, alteration or destruction of a valuable security. Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.