Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.1122 of 2011 ====================================================== Ram Kishun Thakur .... .... Petitioner Versus The State Of Bihar & Ors .... .... Respondents ====================================================== Appearance : For the Petitioner : Mr. Arun Kumar, Advocate. For the Respondents : Mr. Abhay Shankar Jha, SC-14. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 4 05-09-2012 A counter affidavit has been filed on behalf of the respondent nos. 3 to 6. Let it be kept on record. The petitioner has been made accused in Sheikhopur Sarai P.S.Case No.44 of 2011 dated 09.08.2011 instituted under [STATUTE] . He has prayed for quashing the FIR of the aforesaid case in the present writ petition. The submission is that the F.I.R. in question has maliciously been instituted. Learned counsel for the State submits that a scheme named as “Sampurna Gramin Rojgar Yojna” had been initiated by the Central Government and was made over to the District Rural Development Authorities of the State for its implementation. It is a government sponsored scheme under which employment was provided to the rural labourers and the wages were to be paid in form of cash and rice. The licensees of P.D.S. were entrusted with Patna High Court CR. WJC No.1122 of 2011 (4) dt.05-09-2012 2 the work of storage and distribution of rice to the labourers on permits to be issued by the Gram Panchayat, Panchayat Samittee and Zila Parishad. The scheme in question continued for four years from 2002 to 2006. The scheme was thereafter closed and balance of rice was to be diverted to National Rural Employment Guarantee Agency. The matter was examined and audit was conducted. It was found that the dealers had diverted the undistributed rice. The government decided to recover the cost of undistributed rice. The District Magistrate concerned initiated recovery proceedings and in case of the amount being more than four lakhs due to be recovered, a direction was given to institute a F.I.R. against such dealers. He submits that as a matter of fact a deep rooted scam known as Rice scam has been unearthed for which F.I.R. has been instituted against several PDS dealers. In my view, the matter needs investigation. The defence of innocence of the petitioner cannot be assessed by this Court at this stage. The application is dismissed. B.Kr./- (Ashwani Kumar Singh, 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.