Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 45008 of 2010 ================================================== 1. Yogendra Narayan Choudhary, Son of late Hem Narayan Choudhary, resident of village-Bareta, P.S. – Barari, District – Katihar. 2. Mozib Ahmad, Son of late Haji Gazirudin, resident of village- Bareta, P.S. – Barari, District – Katihar. 3. Manoj Kumar Chouhan, Son of Ramadhin Prasad Chouhan, resident of village-Bareta, P.S. – Barari, District – Katihar. .... .... Petitioners. Versus 1. The State of Bihar. 2. Narendra Kumar, Son of Sri Mahendra Narayan Choudhary, resident of village-Bareta, P.S. – Barari, District- Katihar. .... .... Opposite Party. ================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 5. 08-10-2012 Heard Sri Vinay Ranjan, learned counsel for the petitioners and Sri Shyam Bihari Singh, learned Addl. Public Prosecutor. The present petition was filed on behalf of three petitioners with a prayer to quash an order dated 27-08-2010 passed by learned Judicial Magistrate 1st Class, Katihar in complaint case no. 2171 of 2010. By the said order, learned Magistrate has taken cognizance of offence under [STATUTE] . It was submitted that despite the fact that it was purely civil dispute, the colour of criminal offence was given and false complaint case was filed. Similarly, the Patna High Court Cr.Misc. No.45008 of 2010 (5) dt.08-10-2012 2 / 2 2 learned Magistrate, in a mechanical manner, has passed the order of cognizance. However, he submits that during the pendency of this petition, charges have already been framed. In view of the fact that charges have already been framed, it would not be appropriate for this Court to interfere with the order of cognizance. The Court is of the opinion that petitioners can take all the pleas, which have been taken in the present petition, at defence stage. The petition stands disposed of. Anay (Rakesh Kumar, 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.