Case Facts:
Patna High Court Cr.Misc. No.10846 of 2012 (5) dt.16-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10846 of 2012 ====================================================== 1. Md. Gulrez Khan S/O Md. Izhar Khan Resident Of Mohalla- Barhampur Police Station- Bhagwan Bazar, District- Chapra At Saran .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Amir Alam (Advocate) For the State : Mr. Lalan Kumar (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 5 16-04-2012 Counter affidavit is filed on behalf of the State. Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State on the point of admission and, in my view, this petition can be disposed of on admission stage itself. The petitioner has prayed for quashing the impugned order dated 04.02.2012 passed by learned Sessions Judge, Saran, Chapra in Criminal Revision No. 20 of 2012 as well as order dated 09.12.2011 passed by learned Chief Judicial Magistrate, Saran at Chapra in G.R. No. 3297 of 2011 arising out of Isuapur P.S. Case No. 92 of 2011. It would appear from perusal of Annexure-1 to this petition that in connection with Isuapur P.S. Case No. 92 of 2011 Patna High Court Cr.Misc. No.10846 of 2012 (5) dt.16-04-2012 registered under [STATUTE] and 7 of Essential Commodities Act, a truck bearing Registration No. UP-53AT/0908 was seized. The petitioner filed a petition before the learned Chief Judicial Magistrate, Saran at Chapra for release of the aforesaid seized truck and the learned Chief Judicial Magistrate, Saran at Chapra called for a report from the District Magistrate, Chapra who, later on, reported vide Letter no. 2492 dated 01.12.2011 that the confiscation proceeding in respect of the aforesaid truck has been proposed. The learned Chief Judicial Magistrate, Saran at Chapra rejected the release petition passing order dated 09.12.2011 against which the petitioner preferred Criminal Revision No. 20 of 2012 before the learned Sessions Judge, Saran at Chapra, who in turn dismissed the aforesaid revision petition. It is obvious from perusal of impugned order dated 04.02.2012 passed by learned Sessions Judge, Saran at Chapra that though he was aware about this fact that only a proposal in respect of confiscation proceeding had been made and till the date of passing of impugned order dated 04.02.2012, no confiscation proceeding had been initiated but in spite of that learned Sessions Judge, Saran at Chapra dismissed the above stated Criminal Revision No. 20 of 2012. Patna High Court Cr.Misc. No.10846 of 2012 (5) dt.16-04-2012 Learned counsel appearing for the petitioner submits that the learned Chief Judicial Magistrate, Saran at Chapra as well as learned Sessions Judge, Saran at Chapra committed an error in holding that both the aforesaid courts had got no jurisdiction to entertain the release petition and wrongly directed the petitioner to approach the competent court for release of his vehicle, particularly in the circumstances, when, admittedly, no confiscation proceeding had been initiated. On the other hand, learned Additional Public Prosecutor appearing for the State drew my attention towards Annexure-1 to the counter affidavit and submitted that as per report of Additional District Magistrate, In-charge, Legal Cell, Chapra, the confiscation proceeding in respect of the aforesaid seized truck has been started by the District Magistrate, Chapra on 02.04.2012. Even if, the aforesaid statement is taken into consideration, then also, admittedly, the District Magistrate, Chapra has initiated the confiscation proceeding in respect of the aforesaid seized truck after passing of the impugned order of learned Sessions Judge, Saran at Chapra as well as learned Chief Judicial Magistrate, Saran at Chapra. Moreover, when confiscation proceeding in respect of the above stated seized truck has already Patna High Court Cr.Misc. No.10846 of 2012 (5) dt.16-04-2012 been initiated by the learned District Magistrate, Chapra, it would not be proper for this Court to pass any order on the point of release of the aforesaid truck. In my view, this petition has become infructuous in view of the aforesaid circumstances and is liable to be dismissed being infructuous. Accordingly, this petition stands dismissed being infructuous with direction to the learned District Magistrate, Chapra to dispose of the confiscation proceeding which has been initiated in respect of the truck bearing Registration No. UP- 53AT/0908 within two months from the date of receipt of this order and the petitioner may approach to the District Magistrate, Chapra in respect of release of his truck. Let this order be communicated to the District Magistrate, Chapra through FAX at the cost of the petitioner for needful. SHAHZAD/- (Hemant Kumar Srivastava, 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.