Case Facts:
Patna High Court Cr.Misc. No.29164 of 2011 (2) dt.02-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29164 of 2011 ====================================================== 1. Sanjeeda Khatun W/O Md. Phool Hassan R/O Vill. Panchayat Nari, P.S. Ghanshyampur, Distt. Darbhanga 2. Phool Hussain S/O Late Md. Ayub R/O Vill. Panchayat Nari, P.S. Ghanshyampur, Distt. Darbhanga 3. Ram Kumar Jha S/O Late Vishnu Kant Jha R/O Vill. Birani, P.S. Kusheshwar Sthan, Distt. Darbhanga .... .... Petitioner/s Versus 1. The State Of Bihar 2. Shabbir S/O Late Md. Washir R/O Vill. Nari, P.S. Ghanshyampur, Distt. Darbhanga .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 02-08-2012 Heard learned counsel for the petitioners and learned counsel for the State. This application has been filed for quashing the order dated 25.8.2010/7.5.2011 passed in Ghanshyampur P.S. Case No.108 of 2008, G.R. No.346 of 2008 by the Sub Divisional Judicial Magistrate, Biraul at Benipur (Darbhanga) by which he has taken cognizance against the petitioners under [STATUTE] . Learned counsel for the petitioners submits that petitioner no.1 was Mukhiya, petitioner no.2 was the Patna High Court Cr.Misc. No.29164 of 2011 (2) dt.02-08-2012 husband of the Mukhiya and petitioner was the Panchayat Sevak of the said Panchayat at the relevant point of time. He further submits that petitioner no.1 has given his charge to Up-Mukhiya. He further submits that the police has submitted final form against petitioner no.3 but the court below differed with the police and has taken cognizance against all the accused persons. This Court does not find any merit in this application. Accordingly this application is dismissed. However, the petitioners will be at liberty to raise all the points before the court below at the time of framing of charge. Vinay/- (Shivaji Pandey, 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.