Case Facts:
Patna High Court Cr.Misc. No.34960 of 2011 (13) dt.25-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34960 of 2011 ====================================================== Mira Kumari wife of Krishan Kumar Rai, resident of Village+Post-Raipatti Narhan, P.S.-Bibhutipur, District-Samastipur at present posted as Block Education Officer, Tariyani Block, District-Sheohar. .... .... Petitioner Versus 1. The State Of Bihar. 2. Ashwani Kumar Sinha, Block Supply Officer, Tariyani Block, District-Sheohar. .... .... Opposite Parties ====================================================== with Criminal Miscellaneous No.39787 of 2011 ====================================================== Abdul Kayum @ Md. Abdul Kayum son of Abdul Aziz @ Md. Aziz, resident of Mohalla-Ward No. 13, Sheohar, P.S.-Sheohar, District-Sheohar at present posted as Assistant Teacher-cum-Resource Person, Urdu Middile School, Hirama Saiyad Tola, District-Sheohar. .... .... Petitioner Versus 1. The State Of Bihar. 2. Ashwani Kumar Sinha, Block Supply Officer, Tariyani Block, District-Sheohar. .... .... Opposite Parties ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13 25-09-2012 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Since both these applications have been filed to quash the F.I.R. of Sheohar P.S. Case No. 149 of 2011 registered for the offence under [STATUTE] , they have been heard together and are being disposed of by this common order. Learned counsel for the petitioner submits that both Patna High Court Cr.Misc. No.34960 of 2011 (13) dt.25-09-2012 the petitioners have been relieved from the scheme of ‘Madhayan Bhojan Yojana’, which would appear from the letter dated 25.04.2011 issued by the Direr ‘Madhayan Bhojan Yojana’ (Mid- day meal), Bihar, Patna (Annexure-A to the supplementary affidavit), so the petitioners are not responsible for the said offences. From perusal of the F.I.R., it appears that the petitioners are accused in this case for the offence under [STATUTE] . The said offences appear to be cognizable in nature, which may be investigated by the police. As such, interference in the investigation would be unwarranted. Accordingly, both the applications are dismissed. However, the petitioners would be at liberty to raise all defence, raised herein, at appropriate stage in trial court. Safik/- (Rajendra Kumar Mishra, J)

Applicable IPC Section: 420

Statute Text:
Section 420 of the Indian Penal Code. Cheating and there by dishonestly inducing delivery of property, or the making, alteration or destruction of a valuable security. Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.