Case Facts:
Patna High Court Cr.Misc. No.13636 of 2010 (6) dt.05-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13636 of 2010 ====================================================== Jatashankar Mishra @ Devanand Mishra son of late Narayan Mishra, resident of Village-Begumpur, P.S.-Naokothi, District-Begusarai, at present resident of Village-Bakhari, P.S.-Naokothi, District-Begusarai. .... .... Petitioner Versus 1. The State Of Bihar. 2. Gaurishankar Mishra son of late Narayan Mishra, resident of Village-Begumpur, P.S.-Naokothi, District-Begusarai, at present Biswanath Nagar, Ward No. -1, P.S. & District-Begusarai. .... .... Opposite Parties ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 6 05-12-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application under Section 482 of the Code of Criminal Procedure is to quash the order dated 24.06.2009 passed in Complaint Case No. 2624 of 2008 by the Court of Sri R. Malviya, Judicial Magistrate, 1st Class, Begusarai, whereby the learned Magistrate summoned the accused- petitioner, on enquiry under Section 202 of the Code of Criminal Procedure, finding prima facie case under [STATUTE] against the accused- petitioner. On perusal of the impugned order, I find no any illegality amounting to abuse of the process of the Court. Patna High Court Cr.Misc. No.13636 of 2010 (6) dt.05-12-2012 Accordingly, this application is dismissed. However, the petitioner would be at liberty to raise all points, raised herein, at appropriate stage in trial court. Safik/- (Rajendra Kumar Mishra, J)

Applicable IPC Section: 421

Statute Text:
Section 421 of the Indian Penal Code. Fraudulent removal or concealment of property etc., to prevent distribution among creditors. Whoever dishonestly or fraudulently removes, conceals or delivers to any person, or transfers or causes to be transferred to any person, without adequate consideration, any property, intending thereby to prevent, or knowing it to be likely that he will thereby prevent the distribution of that property according to law among his creditors or the creditors of any other person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.