Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.4833 of 2011 ====================================================== Akhilanand Pandey, son of Shri Kishundeo Pandey, resident of Village- Panditpura, P.S. Bankata, District-Deoria (U.P.) .... .... Petitioner/s Versus 1. The State Of Bihar 2. Jagarnath Singh, son of late Yamuna Singh, resident of Village- Taran Chak, P.S. Mirganj, District- Gopalganj .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Md. Anjum Akhtar, Advocate. For the Opposite Party/s : Mr. Sanjay Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 27-03-2012 Heard learned counsel for the petitioner and learned counsel for the State. This application has been filed for quashing the order dated 28.7.2008 passed by the learned Chief Judicial Magistrate, Gopalganj in Mirganj P.S. Case No.77 of 2007, G.R. No.710 of 2007 by which he has taken cognizance against the petitioner under [STATUTE] . It has been alleged that the petitioner has taken Rs.2,60,000/- from the complainant for providing employment as a teacher and peon in the school. From the record it appears that the court below has considered different paragraphs of the case diary and has Patna High Court Cr.Misc. No.4833 of 2011 (2) dt.27-03-2012 2 / 2 2 found a prima facie case against the petitioner and has taken cognizance under [STATUTE] . I do not find any error in the impugned order. This application is accordingly dismissed. However, the petitioner will be at liberty to raise all the points before the court below at the appropriate stage. Vinay/- (Shivaji Pandey, 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.