Case Facts:
Patna High Court Cr.Misc. No.42427 of 2010 (2) dt.06-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42427 of 2010 ====================================================== Bindeshwar Prasad, S/O-Late Bhagwan Sah, resident of village and PO Basantpur Bangala P.S.-Amnour, District-Saran at Chapra .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 06-07-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State on the point of admission. The petitioner has been made accused in Amnour P.S. Case No. 67 of 2008 registered under [STATUTE] and 3(2) (V) of S.C. S.T. Prevention of Atrocities Act on the charges that petitioner being Mukhiya of Gram Panchayat Raj Basantpur got sanctioned some amount on the basis of fake signature of Panchayat Secretary and in connivance with Branch Manager, North Bihar Regional Gramin Bank, Basantpur took rupees fifteen thousand each from the beneficiaries. Learned counsel for the petitioner submits that in course of supervision, Deputy Superintendent of Police as well as Superintendent of Police found the allegation untrue in respect of Patna High Court Cr.Misc. No.42427 of 2010 (2) dt.06-07-2012 the petitioner which is evident from perusal of Annexure-3 to this petition but later on, again Deputy Superintendent of Police as well as Superintendent of Police issued order for arrest of the petitioner in respect of the aforesaid case. It is further submitted by him that as a matter of fact, there is nothing against the petitioner and the prosecution of the petitioner in the aforesaid case is nothing but only an abuse of process of the court. In view of the facts and circumstances of the case as well as submissions of the parties, this petition stands dismissed on admission stage itself. However, petitioner may raise the aforesaid plea before the lower court at appropriate stage. SHAHZAD/- (Hemant Kumar Srivastava, 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.