Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.935 of 2011 ====================================================== 1. Thakur Sah, S/O Sri Motilal Sah, R/O Village – Misir Bandhaura, P.S. Bijaypur, District - Gopalganj 2. Triloki Kumar Gupta, S/O Late Harihar Prasad, R/O Village - Mararkhas, P.S. Bijaypur, District - Gopalganj 3. Ruhela Ansari, S/O Dukhi Ansari, R/O Village – Bandhaura Ghat, P.S. Bijaypur, District – Gopalganj. 4. Sheo Kumar Yadav, S/O Late Bandhu Yadav, R/O Village - Jagdishpur, P.S. Bijaypur, District – Gopalganj. .... .... Petitioners Versus 1. The State of Bihar through Principal Secretary, Rural Development, Govt. of Bihar, Patna 2. District Magistrate, Gopalganj 3. Deputy Development Commissioner, Gopalganj 4. Block Development Officer, Bijaypur 5. Program Officer, Bijaypur, Gopalganj 6. The Station House Officer, Bijaypur Police Station, Gopalganj. .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 03-08-2012 Heard. The petitioners are named accused in Bijaypur P.S. Case No. 58 of 2011 registered under [STATUTE] as well as Section 7 of the Essential Commodities Act. The prayer is for quashing the F.I.R. The F.I.R. is Patna High Court CR. WJC No.935 of 2011 (2) dt.03-08-2012 2 / 2 2 based on the written report of the Block Development Officer, Bijaypur. It discloses commission of a cognizable offence. The petitioners are named accused. It is well settled that a first information report can be quashed only in the rarest of the rare cases. Where the first information report discloses commission of cognizable offence, it can not be quashed in exercise of powers conferred under Article 226 of the Constitution of India. The plausible defence of the accused is not to be seen at this stage. Credibility or otherwise of the defence version can only be adjudicated at the time of trial. The prayer of the petitioner cannot be allowed. It is dismissed accordingly. Sanjeet/- (Ashwani Kumar Singh, 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.