Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27831 of 2012 ====================================================== Suresh Prasad Sinha, S/O - Late Awdesh Prasad Sinha, Resident Of Mohalla - Dakshin Tola, Siwan, P.S.- Siwan Town, District- Siwan .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2 12-12-2012 The present petition has been filed for restoring Cr. Misc. No. 40876 of 2010, which stood dismissed on 9/5/2012 due to non prosecution. The present restoration petition has been placed along with the record of Cr. Misc. No. 40876 of 2010. Before passing any order on restoration petition, the court allowed learned counsel for the petitioner to address the court on merit of the main case. In the main petition the petitioner has prayed for quashing of F.I.R. in Andar P.S. Case No. 61 of 1988 registered for the offences under [STATUTE] and entire criminal prosecution corresponding to Trial No. 62 of 2006 on the ground of inordinate delay. Of-course, learned counsel for the petitioner was not in Patna High Court Cr.Misc. No.27831 of 2012 (2) dt.12-12-2012 2/2 a position to satisfy the court that delay had occurred entirely due to laches on the part of prosecution but fact remains that case is very old one i.e. of the year 1988. After hearing the parties and considering the ground set forth in the petition, same is allowed. Let Cr. Misc. No. 40876 of 2010 be restored to its original file. Praful/- (Rakesh Kumar, J)

Applicable IPC Section: 408

Statute Text:
Section 408 of the Indian Penal Code. Criminal breach of trust by a clerk or servant. Whoever, being a clerk or servant or employed as a clerk or servant, and being in any manner entrusted in such capacity with property, or with any dominion over property, commits criminal breach of trust in respect of that property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.