Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.1135 of 2011 ====================================================== Bhubneshwar Prasad Sinha, son of Late Trilok Prasad Sinha, resident of village-Gamharia, P.S.-Mejarganj, District-Sitamarhi. .... .... Petitioner Versus 1. The State of Bihar. 2. The Superintendent of Police, Begusarai. 3. The Thana-in-Charge, Nagar Police Station, Begusarai. 4. The District Magistrate, Begusarai. 5. Senior Deputy Collector-cum-Incharge Officer, Apada Prabhndhan Office, Begusarai. 6. The Joint Secretary, Apada Prahandhan Department, government of Bihar, Patna. ... .... Respondents ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 4 25-06-2012 A counter affidavit has been filed on behalf of respondent nos. 2 to 5. Let it be kept on record. Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. In the present writ petition, a prayer has been made for quashing the F.I.R. relating to Begusarai Nagar P.S. Case No. 306 of 2011, dated 25.8.2011 instituted under [STATUTE] . The F.I.R. has been registered on the basis of written information given by the Senior Deputy Collector-cum-Officer-in- Charge, Disaster Management, Begusarai. The F.I.R. discloses commission of a cognizable offence. The matter is admittedly Patna High Court CR. WJC No.1135 of 2011 (4) dt.25-06-2012 2 / 2 2 under investigation. In my view, plausible defence of the accused is not to be seen at this stage. While the case is under investigation, it is the allegation appearing in the F.I.R. which is to be seen by the Court. Credibility or otherwise of defence version can only be adjudicated at the time of trial. The application being devoid of any merit is dismissed. Sanjeet/- (Ashwani Kumar Singh, J)

Applicable IPC Section: 418

Statute Text:
Section 418 of the Indian Penal Code. Cheating a person whose interest the offender was bound, either by law or by legal contract, to protect. Whoever cheats with the knowledge that he is likely thereby to cause wrongful loss to a person whose interest in the transaction to which the cheating relates, he was bound either by law, or by legal contract, to protect, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.