Case Facts:
Patna High Court Cr.Misc. No.17714 of 2010 (7) dt.30-10-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17714 of 2010 ====================================================== 1. Arbind Sharma son of Ganraj Shama, the then State Head- Remedial, Tata Motors Finance Limited, 109, Adharshila Complex, South Gandhi Maidan, Patna, permanent resident of Gandhi Road, Dhansar, P.S.-Dhansar, Town & District-Dhanbad. 2. Rajib Banerjee son of Sri L.C. Banerjee, the then Branch Manager, Tata Motors Finance Ltd. Bhagalpur, at present posted as Area Manager Tata Motors Finance Limited, Jayanti Complex, 1st Floor, Katras Road Bank More, Dhanbad Branch, Dhanbad, Jharkhand. .... .... Petitioners Versus 1. The State Of Bihar. 2. Sanjay Rishi, son of Jagdish Rishi, resident of Village-Sadanpur Kala, Police Station-Kohra, District-Katihar. .... .... Opposite Parties ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 7 30-10-2012 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. This application under Section 482 of the Code of Criminal Procedure is to quash the order dated 17.12.2009 passed in Korha (Rautara) P.S. Case No. 178 of 2008 by the Court of Chief Judicial Magistrate, Katihar, whereby the learned Chief Judicial Magistrate took the cognizance of the offence under [STATUTE] and Section 3 (i) (x) of the SC/ST (Prevention of Atrocities) Act, summoning the eight accused including the petitioners. On perusal of the impugned order, I find no any illegality amounting to abuse of the process of the Court. Patna High Court Cr.Misc. No.17714 of 2010 (7) dt.30-10-2012 Accordingly this application is dismissed. However the petitioners would be at liberty to raise all defence as raised herein at appropriate stage in trial court. Safik/- (Rajendra Kumar Mishra, 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.