Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25766 of 2010 ====================================================== Devendra Prasad Singh, son of Late Shri Prasad Singh, resident of Village- Pachbhinda, Police Station-Halsi, District-Samastipur, A/P Accountant in the Shakti Mines and Minerals, Unit Shakti Agency Pvt. Ltd. at Barbil, District- Koonjhar ( Orissa) .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER ---------------------- 4 06-09-2012 Heard Sri Anil Kumar, learned counsel for the petitioner and Sri Pradip Narayan Kunwar, learned Addl. Public Prosecutor. The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an F.I.R., which was lodged on 24.02.2010 vide Patna Gandhi Maidan P.S. Case No.88 of 2010 for the offence under [STATUTE] . Learned counsel for the petitioner submits that the informant of the case himself had taken Rs. 60 Lacs from him and he had made a complaint before the police that he had given Rs.15 Lacs to the informant. Learned counsel for the petitioner has tried to persuade the Court to examine the documents, which is photo copy of an agreement with a view to show that there was an Patna High Court Cr.Misc. No.25766 of 2010 (4) dt.06-09-2012 2 / 2 2 agreement in between the parties. On perusal of the F.I.R. the Court is satisfied that cognizable offence is made out in the F.I.R. There is specific averment made in the F.I.R. that Rs.15 Lacs was given to the petitioner, who was accountant in the informant’s firm for handing it over to one Manoj Kumar Gupta. However, instead of giving that money to Manoj Kumar Gupta, he disappeared and even he had switched off his Mobile Phone. On perusal of the F.I.R., the Court is satisfied that there is no ground for interference. Moreover, while hearing a petition under Section 482 of the Code of Criminal Procedure, it is not required for this Court to examine such issue due to the reason that Section 482 of the Code of Criminal Procedure is primarily required to be exercised for preventing abuse of the process of the court and the petitioner has not at all prayed for quashing of any judicial order. The petition stands dismissed. NKS/- (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.