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: 167

Statute Text:
Section 167 of the Indian Penal Code. Public servant framing an incorrect document with intent to cause injury. Whoever, being a public servant, and being, as such public servant, charged with the preparation or translation of any document, frames or translates that document in a manner which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.