Case Facts:
Patna High Court Cr.Misc. No.12678 of 2011 (2) dt.19-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12678 of 2011 ====================================================== Chandra Mohan Trivedi @ Chandra Mohan Tiwary, son of late Baidhnath Tiwary, resident of Village-Sherpur, P.S. Kazi Mohammadpur, District- Muzaffarpur. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate. For the Opposite Party/s : Mr. Shyam Bihari Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 19-07-2012 Heard learned counsel for the petitioner and learned counsel for the State. This application has been filed for quashing the order dated 18.11.2010 passed in G.R. Case No.2243 of 1993, Tr. No.2489 of 2011, arising out of Mahua P.S. Case No. 206 of 1993 by the Judicial Magistrate, Ist Class, Vaishali at Hajipur by which he has taken cognizance against the petitioner under [STATUTE] . From the allegation made in the First Information Report it appears that the petitioner has misappropriated the Government fund. Learned counsel for the petitioner submits that in the investigation it has come that loan has been distributed to Patna High Court Cr.Misc. No.12678 of 2011 (2) dt.19-07-2012 the rightful person and earlier there was a circular for waiving of loan to all category of farmers but later on Government has categorized the farmers and accordingly notices have been issued to them for recovery of loan. At this stage these points cannot be looked into. Petitioner is given liberty to raise all the points before the court below at the appropriate stage. With the aforesaid observation this application is dismissed. Vinay/- (Shivaji Pandey, 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.