Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13463 of 2012 ====================================================== Akhilesh Kumar S/O Harinarayan Rajbhar Resident Of Village- Mohanpurawa, P.S.- Buxar (M), District- Buxar .... .... Petitioners Versus 1. The State of Bihar 2. Nirmla Prasad (District Education Superintendent, Buxar), S/o Ajay Narayan Prasad, resident of village-Kadamkunwa, P.S. Kadamkunwa, District-Patna .... .... Opposite Parties ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 03. 04-05-2012 Heard Mr. Digvijay Kumar Ojha, learned counsel appearing on behalf of the petitioners and Mr. Satyanand Shukla, learned Additional Public Prosecutor for the State. The petitioner has prayed for quashing of the order dated 24.10.2011 passed in Buxar (Muffasil) P.S. Case No. 144 of 2011, whereby the learned Judicial Magistrate, 1st Class, Buxar has been pleased to take cognizance of the offence punishable under [STATUTE] . The F.I.R. has been instituted at the instance of the District Superintendent of Education, Buxar, which post is now named as the District Programme Officer, Buxar. Relying upon an inspection report of a Senior Deputy Collector, the F.I.R. has been instituted charging the Headmaster of the Newly Constructed Primary School, Mohanpurwa, Block- Patna High Court Cr.Misc. No.13463 of 2012 (3) dt.04-05-2012 2 Chausa in the district of Buxar alleging irregularities in fund utilization in the matter of construction of the school building and funds received under the Mid-day Meal Scheme and T.L.M. Scheme. Although, learned counsel for the petitioner endeavoured to draw the attention of the Court that the allegation as set out in the F.I.R. is not corroborated by the evidence collected during the course of investigation but considering the inspection report and the allegations directed against the petitioner as contained therein, this Court is of the opinion that no interference is called for in the impugned order taking cognizance. The petitioner, if so advised, may raise all issues as raised in the present application at the stage of framing of charge. With the observation aforesaid, this application is disposed of. S.Sb/- (Jyoti Saran, 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.