Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.119 of 2012 ====================================================== Ram Sagar Pathak, son of Late Sri Kant Pathak, resident of village-Mathar, P.S.-Nayagaon, District-Begusarai. .... .... Petitioner Versus 1. The State of Bihar. 2. The Superintendent of Police, Begusarai. 3. The Thana Incharge, Nagar Police Station Begusarai. 4. The Senior Deputy Collector-Cum-Incharge Officer, Apada Prabandhan, Begusarai. 5. The District Magistrate, Begusarai. 6. The Joint Secretary, Apada Prabandhan Department, Government of Bihar, Patna. .... .... Respondents ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 4 26-06-2012 Heard learned counsel for the petitioner and the State. In the present writ petitioner the prayer is for quashing the F.I.R. of the Begusarai Nagar P.S. Case No. 306 of 2011 instituted for the offence under [STATUTE] . One Ravindra Nath Gupta, Senior Deputy Collector- cum-Incharge Officer, Disaster Management, Begusarai submitted a written report pursuant to a direction given by the Joint Secretary, Disaster Management Department, Bihar, Patna Patna High Court CR. WJC No.119 of 2012 (4) dt.26-06-2012 2 / 2 2 and the District Magistrate, Begusarai, on the basis of which, the present F.I.R. has been registered. There is allegation that in course of audit conducted by the Comptroller of Auditor General of India for the year 1989-90, irregularities were found in awarding contract and making payment to the petitioner. It is submitted on behalf of the petitioner that on the basis of allegation made in the F.I.R., no offence is made out against him. He has falsely been implicated in the present case with ulterior motive. I have seen the F.I.R. and find that a report has been submitted by the informant with respect to commission of cognizable offence. The police has registered F.I.R. in August, 2011. The investigation is going on. In my view, plausible defence of the accused is not to be seen at this stage. While the case is under investigation, it is the 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. The application being devoid of any merit is dismissed Sanjeet/- (Ashwani Kumar Singh, J)

Applicable IPC Section: 420

Statute Text:
Section 420 of the Indian Penal Code. Cheating and there by dishonestly inducing delivery of property, or the making, alteration or destruction of a valuable security. Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.