Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12167 of 2012 ====================================================== Indradeo Paswan, Son of Balmiki Paswan, resident of Village- Kadrabad, Police Station-Bachhwara, District-Begusarai .... .... Petitioner/s Versus 1. The State Of Bihar 2. Ramsagar Singh, Son of Late Saryug Singh, resident of Village- Mujahidpur Gehuni, P.S. Bhagwanpur, District-Begusarai .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER ------------------ 2 25-04-2012 Heard Sri Praful Chandra Jha, learned counsel, who was assisted by Sri Awadhesh Kumar Singh, learned counsel for the petitioner and Sri Pawan Kumar Chaurasiya, learned Addl. Public Prosecutor on both petition i.e. Cr.Misc.No.12167 of 2012 (Restoration petition) and Cr.Misc.No.38286 of 2011, which stood dismissed due to non-prosecution on 16.01.2012. While hearing the restoration petition, I have also gone through Cr.Misc.No. 38286 of 2011 and also allowed the learned counsel for the petitioner to address the Court on merit of the case. It was submitted by Sri Praful Chandra Jha, learned counsel appearing on behalf of the petitioner that the petitioner was only a driver of the informant and he was not involved in the occurrence of theft of tractor with loaded stone-chips of the informant. He submits that this stand is evident from the fact stated in the F.I.R. itself. The petitioner was not arrayed as accused, whereas the Patna High Court Cr.Misc. No.12167 of 2012 (2) dt.25-04-2012 2 / 2 2 informant had disclosed that he was informed by the petitioner regarding the theft committed by some other accused persons. He also submits that subsequent to the present case, a complaint was filed by the petitioner against owner of the vehicle, in which order of cognizance has been passed. The quashing application (i.e.Cr.Misc. No. 38286 of 2011) has been preferred against order dated 24.08.2011 passed by learned Judicial Magistrate, 1st Class, Begusarai, whereby the learned Magistrate has framed charges against the petitioner under [STATUTE] . In view of the fact that charge has already been framed, it would not be appropriate for this Court either to interfere with criminal proceeding in the aforesaid case or to interfere with the order of framing charge. However, the petitioner would be at liverty to take all the pleas, which have been taken in the quashing application, at the stage of defence. On the aforesaid ground, the Court is of the opinion that there is no need to pass order for restoring Cr.Misc.No. 38286 of 2011. Accordingly, same 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.