Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 12074 of 2009 ====================================================== Chandrika Prasad Yadav @ Shri C.P.Yadav, S/o Late Sahdeo Prasad Yadav, Resident of Village-Banda Chauk, P.S.-Narhat, District- Nawadah, the then Assistant Godam Manager, Godam No. 1, P.S.+District-Araria. .... .... Petitioner/s Versus 1. The State of Bihar. 2. Md. Aslam, Supply Inspector, Gramin Kshetra Araria, P.S.- Araria, Distt.-Araria. 3. District Manager, State Food Corporation, Purnia, Distt.-Purnia. 4. Chief Administration, Main Office, Patna, Bihar State Food and Supply Corporation Ltd. Sone Bhawan, 5th Floor, Birchand Patel Path, Patna-800001. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. N.K. Aggrawal, Sr. Adv. Mr. Pramod Ranjan, Adv. Mr. Ram Adya Singh, Adv. For the Opposite Party/s : Mrs. Pushpa Sinha, APP. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 04. 26.04.2012 The petitioner seeks quashing of the entire proceeding including the order dated 17.12.2007 passed by the Chief Judicial Magistrate, Arariya in G.R. No. 1659 of 2006 arising out of Arariya P.S. Case No. 362/2006 by which it has taken cognizance under [STATUTE] . The case of the Supply Inspector is that the petitioner being the Assistant Godown Manager, Arariya has lifted 27 trucks of food-grains from FCI, Kishanganj and deposited the same in the State Food Corporation in the Godown No. 1 and on the same day he distributed the entire 27 truck food-grains which was humanly not possible. On this suspicion, the present case was instituted and inquiry was held into the matter by the District Manager, State Food Corporation, Purnia wherein it has been reported on Patna High Court Cr.Misc. No.12074 of 2009 (4) dt.26-04-2012 2 19.12.2006 that the petitioner had not defalcated the food-grains nor he caused any loss to the Exchequer on account of his suspicious conduct of having distributed food-grains within such a short time. Notices have been issued to the Opposite Parties who have appeared through validly executed Vakalatnama but none appears on their behalf. Accepting the arguments advanced on behalf of the petitioner on the basis of the report of the District Manager, State Food Corporation dated 19.12.2006, this Court is inclined to allow the application. In the result, the entire proceeding including the order dated 17.12.2007 passed by the Chief Judicial Magistrate, Arariya in G.R. No. 1659 of 2006 arising out of Arariya P.S. Case No. 362/2006 is, hereby, set aside. Vikash/- (Anjana Prakash, J.)

Applicable IPC Section: 467

Statute Text:
Section 467 of the Indian Penal Code. Forgery of a valuable security, will or authority to make or transfer any valuable security, or to receive any money, etc. Whoever forges a document which purports to be a valuable security or a will, or an authority to adopt a son, or which purports to give authority to any person to make or transfer any valuable security, or to receive the principal, interest or dividends thereon, or to receive or deliver any money, movable property, or valuable security, or any document purporting to be an acquittance or receipt acknowledging the payment of money, or an acquittance or receipt for the delivery of any movable property or valuable security, 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.