Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8203 of 2012 ====================================================== Amresh Kumar Mishra @ Amresh Mishra S/O Sri Akilesh Kumar Mishra Resident of Mohalla- Salikgram Niketan Shanti Lane, Srikrishna Puri, R.N.A.R. College Road, Samastipur, Police Station- Samastipur, District- Samastipur .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. A.K. Ojha, Adv. For the State : Mr. A.K. Verma, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2. 09-07-2012 Heard learned counsel for the petitioner and the State. The petitioner seeks quashing of the First Information Report of Kalyanpur P.S. Case No. 158 of 2011 instituted for the offence under [STATUTE] . It has been submitted on behalf of the Petitioner that one Ritika Sarkar, teacher of Dr. Shaligram College, Dhruvgama, Kalyanpur, Samastipur, moved this Court in Civil Writ complaining therein that certain irregularities had been committed in the College by the College Authorities. This Court then disposed off the Writ with a direction to the Bihar School Examination Board to hold an enquiry in the matter. The Board concluded that irregularities had been committed by some other Patna High Court Cr.Misc. No.8203 of 2012 (2) dt.09-07-2012 2 / 2 2 persons but so far as the Petitioner is concerned, he had no role to play in the entire transaction despite which the First Information Report was instituted. The submission is that since the enquiry had been conducted on the direction of this Court and it was concluded that there was no material against the Petitioner in the Preliminary enquiry that he had received a single farthing from the College the institution of the First Information Report is bad. However, since the case is still at the stage of investigation, I am not inclined to interfere in the matter. The Petitioner is at liberty to appear before the Investigating Officer who shall consider this aspect and, thereafter file a Closure Report within four months of the date of receipt of this order. The application is disposed off with the aforesaid observations. Let this order be communicated to the Superintendent of Police, Samastipur, in connection with Kalyanpur P.S. Case No. 158 of 2011, through FAX at the cost of the Petitioner. S.Ali (Anjana Prakash, J.)

Applicable IPC Section: 406

Statute Text:
Section 406 of the Indian Penal Code. Criminal breach of trust. Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.