Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.1118 of 2011 ====================================================== 1. Devanand Poddar Late Janardan Poddar Resident Of Village- Sauriya, P.S. Dandkhora, District- Katihar .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Principal Secretary, Rural Development Department Govt. of Bihar, Patna 3. The District Magistrate Katihar 4. The Programme Officer, Dandkhora, Katihar 5. The Sub Divisional Officer, Katihar 6. The District Certificate Officer, Katihar 7. The Block Development Officer, Katihar 8.The Superintendent of Policed, Katihar, District- Katihar. .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 3 04-09-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner has prayed for quashing the entire proceedings of Dandkhora P.S. Case No.97 of 2011 dated 10.8.2011 instituted under [STATUTE] . It is submitted that the petitioner is innocent. A certificate case has also been instituted against him for recovery of the amount in question. The case in brief is that a scheme named as “Sampurna Gramin Rojgar Yogna” had been initiated by the Central Government and was made over to the District Rural Development Authority of the State for its implementation. It is a government sponsored scheme under which employment was Patna High Court CR. WJC No.1118 of 2011 (3) dt.04-09-2012 2 provided to the rural labourers and the wages were to be paid in form of cash and rice. The licensees of P.D.S. were entrusted with the work of storage and distribution of rice to the labourers on permits to be issued by the Gram Panchayat, Panchayat Samittee and Zila Parishad. The scheme in question continued for four years from 2002 to 2006. The scheme was closed and balance of rice was to be diverted to National Rural Employment Guarantee Agency. The matter was examined and audit was conducted. It was found that the dealers had diverted the undistributed rice. The government decided to recover the cost of undistributed rice. The District Magistrate concerned initiated recovery proceedings and in case of the amount being more than four lakhs due to be recovered, a direction was given to institute a F.I.R. against such dealers. Learned counsel for the State submits that it is true that besides the F.I.R. a certificate proceeding has also been filed against the petitioner. In my view, since the F.I.R. discloses commission of cognizable offence, defence of innocence of the petitioner cannot be assessed by this court at this stage. I find no merit in the present writ petition. It is dismissed, accordingly. Md.S./- (Ashwani Kumar Singh, J)

Applicable IPC Section: 406

Statute Text:
Section 406 of the Indian Penal Code. Criminal breach of trust. Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.