Case Facts:
Patna High Court Cr.Misc. No.10601 of 2010 (3) dt.25-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10601 of 2010 ====================================================== Rajeshwar Singh son of Late Ram Briksh Singh, Resident of village Maharajganj, Police Station- Naubatpur, District Patna. .... .... Petitioner/s Versus 1. State of Bihar 2. The Director, Secondary Education, H.R.D.Department, New Secretariat, Govt. of Bihar, Patna. 3. Smt.Kiran Kumari, District Education Officer, Patna, District Patna 4. Sri Mohan Lal, Incharge Principal, +2 Government High School, Naubatpur, Patna. 5. The Officer- Incharge, Naubatpur Police Station, District Patna. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pushkar Narain Shahi, Sr.Advocate. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER (Per: HONOURABLE MR. JUSTICE VIKASH JAIN) 3 25-01-2012 Learned Senior Counsel Mr. Pushkar Narain Shahi invites attention to Annexure-22 of I.A.No. 2293 of 2010, which is a letter dated 01.04.2010 according to which the District Education Officer, Patna has informed the Deputy Treasury Officer, Danapur, Patna that there are no dues pending against the petitioner. This aspect of the matter has also been verified in course of investigation as evident from paragraph 88 of the case diary, carbon copy of which is on record. 2. Learned counsel for the State appears and has been heard. 3. In view of the admission by the State respondents Patna High Court Cr.Misc. No.10601 of 2010 (3) dt.25-01-2012 themselves as contained in the aforesaid letter dated 1.4.2010 Annexure-22 there remains very little jurisdiction to continue the prosecution against the petitioner as the main allegation against him is with respect to irregularities in the matter of construction of school building. 3. In the circumstances, this Court is of the opinion that continuance of the prosecution proceedings against the petitioner would amount to abuse of the process of the Court and as such the order dated 22.07.2010 by which cognizance has been taken by the learned Judicial Magistrate Ist Class, Danapur under [STATUTE] in so far as concerns the petitioner is hereby quashed and the petition is allowed. Chandran (Vikash Jain, J.)

Applicable IPC Section: 409

Statute Text:
Section 409 of the Indian Penal Code. Criminal breach of trust by public servant or by banker, merchant or agent, etc. Whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent, commits criminal breach of trust in respect of that property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.