Case Facts:
Patna High Court CR. WJC No.618 of 2011 (2) dt.13-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.618 of 2011 ====================================================== Shahnawaz Akhatar, S/O Late Moinudin, R/O Vill.-Roh, P.S.-Roh, Distt. Nawadah. .... .... Petitioner/s Versus 1. The State of Bihar through the Home Secretary, Govt. of Bihar, Patna 2. The Director General of Police, Bihar, Patna. 3. The Superintendent of Police, Nawadah. 4. The Deputy Development Officer, Nawadah. 5. The Sub- Divisional Officer, Nawadah. 6. The Block Development Officer, Roh, Nawadah. 7. Investigation Officer, Roh, Nawadah. 8. Panchayat Secretary, Roh, Nawadah. .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 13-07-2012 Heard learned counsels for the petitioner and the State. The petitioner is a named accused in connection with a case instituted under [STATUTE] . The F.I.R. discloses commission of a cognizable offence. The case is under investigation. The prayer of the petitioner in the present writ petition is to quash the F.I.R. and direct the respondents not to arrest the petitioner. It is contended on behalf of the petitioner that he is innocent and has falsely been implicated in the present case. Patna High Court CR. WJC No.618 of 2011 (2) dt.13-07-2012 In my view, the scope of this Court to interfere with the investigation at an early stage is very limited. It is well-settled that an F.I.R. can be quashed only in the rarest of the rare cases. Where the F.I.R. discloses cognizable offence, it cannot be quashed in exercise of powers conferred under Section 482 of the Code of Criminal Procedure or under Article 226 of the Constitution of India. At the stage of investigation, in my view, the plausible defence of an accused is not to be seen. It is allegation appearing in the F.I.R. which is to be seen by the Court. Credibility or otherwise of defence version can only be adjudicated at the time of trial. This Court can only interfere with the investigation only, if non-interference would result in miscarriage of justice. So far as the second prayer of the petitioner is concerned, the same also cannot be allowed. Section 41 of the Cr. P. C. gives discretion to the police, who may, without an order from the Magistrate and even without a warrant, arrest any person in the situations enumerated in that section. It is open to the investigating agency, in course of investigation, to arrest any person who has been concerned with any cognizable offence or against whom reasonable complaint has been made or credible information has been received, or a reasonable suspicion exists or Patna High Court CR. WJC No.618 of 2011 (2) dt.13-07-2012 he is having been so concern. From the discussions made and reasons assigned hereinabove, the writ petition cannot be allowed and is, accordingly, dismissed. Sanjeet/- (Ashwani Kumar Singh, J)

Applicable IPC Section: 409

Statute Text:
Section 409 of the Indian Penal Code. Criminal breach of trust by public servant or by banker, merchant or agent, etc. Whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent, commits criminal breach of trust in respect of that property, 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.