Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26067 of 2010 ====================================================== Vijay Kumar Sharma, son of Late Parsuram Sharma, resident of Thatheri Bazar, Buxar, P.S. Buxar , Town and District-Buxar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER ----------------------- 5 18-09-2012 Heard Sri N.K.Agrawal, learned Senior Counsel, who was assisted by Sri Sanjeet Kumar, learned counsel for the petitioner and Sri P.N.Pandit, learned Addl. Public Prosecutor. The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 27.05.2010 passed by the learned Chief Judicial Magistrate, Buxar in Buxar Town P.S. Case No.290 of 2005 ( G.R. No.1897 of 2005). By the said order, the learned Magistrate has taken cognizance of offence under [STATUTE] . Learned Senior Counsel submits that only allegation against the petitioner is that he had introduced one of the co- accused for opening Bank Account and save and except that material there is nothing to connect the petitioner in the present Patna High Court Cr.Misc. No.26067 of 2010 (5) dt.18-09-2012 2 / 2 2 case. On this ground, he has prayed for quashing of order of cognizance. Besides hearing the parties, I have also perused the impugned order. From the order impugned, it is evident that prima facie, there is no apparent illegality in the order warranting interference, that too, while exercising power under Section 482 of the Code of Criminal Procedure. In this case, after investigation, chargesheet was submitted against three accused persons including the petitioner and the learned Magistrate on perusal of record was prima facie satisfied with the case and has passed order of cognizance for the offence under [STATUTE] . If so advised, the petitioner can take all the pleas, which have been taken in the present petition, at the appropriate stage. The Court expects that if at the appropriate stage, such petition is filed by the petitioner, the court below without being prejudiced with this order may examine the same and pass appropriate order in accordance with law. With above observation, the petition stands disposed of. NKS/- (Rakesh Kumar, 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.