Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.551 of 2011 ====================================================== Ram Narayan Mistri .... .... Petitioner Versus The State Of Bihar & Ors .... .... Respondents ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 4 11-09-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner has been made an accused in Gardanibagh(Sachivalaya) P.S.Case No.465 of 2003 dated 19.07.2003 instituted for the offence punishable under [STATUTE] . While arguing the case, it has been submitted on behalf of the petitioner that the police on conclusion of investigation has already submitted its report under Section 173(2)of the Code of Criminal Procedure before the court concerned finding the allegation to be true. In the present writ, a prayer has been made to quash the aforesaid FIR and to issue a writ of mandamus directing the respondents to pay compensation of Rs.15 lakhs together with interest at the rate of 12 per cent per annum from the date of custody of the petitioner in connection with the said case. In my view, the writ petition is misconceived. Since, Patna High Court CR. WJC No.551 of 2011 (4) dt.11-09-2012 2 in a cognizable offence reported to the police, the petitioner was apprehended and remanded to judicial custody and the case on investigation was found true by the police, the prayer made on behalf of the petitioner cannot be allowed. It is dismissed, accordingly. B.Kr./- (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.