Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9901 of 2009 ====================================================== Mani Kant Singh, Son of Late Fuleshwar Singh, Resident of Village – Khairpur, P.S. – Singhia, District – Samastipur. .... .... Petitioner/s Versus 1. The State Of Bihar. 2. Branch Manager, Shyampur Branch Samastipur Kshestriya Gramin Bank, P.S. – Singhiya, District - Samastipur .... .... Opposite Parties ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3 09-04-2012 Heard Sri Jagdish Prasad Singh, learned counsel for the petitioner and Sri Shyam Kumar Singh, learned Additional Public Prosecutor. The sole petitioner invoking inherent jurisdiction of this court under Section 482 of the Code of Criminal Procedure has prayed for quashing of an order dated 18.02.2009 passed by the learned Additional Chief Judicial Magistrate, Rosera. By the said order the learned Magistrate after submission of charge sheet has taken cognizance of offence under [STATUTE] against the petitioner. Learned counsel for the petitioner while assailing the impugned order submits that the case was instituted maliciously by the informant who was Branch Manager, Shyampur Branch, Samastipur Kshetriya Gramin Bank. Secondly, it was submitted that no offence under [STATUTE] is made out and it has lastly been submitted that the Patna High Court Cr.Misc. No.9901 of 2009 (3) dt.09-04-2012 2 / 2 2 petitioner had also filed a petition before the “Lok Adalat” for staying the certificate proceeding initiated against the petitioner. He further submits that for the alleged loan amount certificate proceeding has also been initiated against the petitioner and as such for the same cause the petitioner may not be prosecuted in the present case. It was further submitted that the allegation made in the F.I.R. is purely civil in nature and criminal case may not be allowed to proceed with. In the case F.I.R. was lodged on an allegation that the petitioner had taken “Mid Term Loan” from Samastipur Kshetriya Gramin Bank for purchasing diesel engine and flour mill. Without clearing the loan the petitioner sold the diesel engine. After registering F.I.R. Police investigated the case and collecting material submitted charge sheet against the petitioner. On perusal of the F.I.R. the court is satisfied that offence alleged has been disclosed. I do not find any defect in the order. Since after lodging F.I.R. case was thoroughly investigated and charge sheet was submitted, I do not find any defect in the impugned order. The petition stands dismissed. Let a copy of this order be sent to the court below with a direction to proceed with the case expeditiously so that the case may come to its logical end without unnecessary delay. Praful/- (Rakesh Kumar, 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.