Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22924 of 2012 ====================================================== Ramesh Kumar S/O Anmol Yadav Resident Of Village Bhaiya Ram Bishunpur, P.O. Sirsiya Kala, P.S. Bhargama, District Araria, Presently Working As The Headmaster, Up-Graded Middle School, Gamhariya (West), Block Bhargama, District Araria. .... .... Petitioner/s Versus 1. The State Of Bihar. 2. The Block Education Officer, Bhargama Block, District Araria. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. S.B.K. Mangalam, Adv. For the State : Mr. Nawal Kishore Pd., A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2. 11-09-2012 Heard learned counsel for the Petitioner and the State. The Petitioner seeks quashing of the First Information Report of Bhargama P.S. Case No. 05 of 2012 dated 7.1.2012 instituted for the offences under [STATUTE] . It has been submitted on behalf of the Petitioner that he was not Incharge of the Store as also that the First Information Report has been instituted without verification. Since the case is still at the stage of investigation, I am not inclined to interfere in the matter. However, the Petitioner is at liberty to approach the Patna High Court Cr.Misc. No.22924 of 2012 (2) dt.11-09-2012 2 / 2 2 Investigating Officer and place all the facts before him who shall consider the same in accordance with law and close the investigation preferably within a period of five months from the date of receipt of this order With this observation, the application is disposed off. Let this order be communicated to the Superintendent of Police, Araria, in connection with Bhargama P.S. Case No. 05 of 2012, through FAX at the cost of the Petitioner. S.Ali (Anjana Prakash, J.)

Applicable IPC Section: 409

Statute Text:
Section 409 of the Indian Penal Code. Criminal breach of trust by public servant or by banker, merchant or agent, etc. Whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent, commits criminal breach of trust in respect of that property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.