Case Facts:
Patna High Court Cr.Misc. No.25101 of 2010 (2) dt.03-02-2012 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25101 of 2010 ====================================================== Sugandha Saha @ Sugandha Kumari D/o Pradeep Kumar Saha, resident of vill. - Hassanganj Balti Karkhana Road, P.S.Mojahidpur, Distt.-Bhagalpur. .... .... Petitioner/s Versus 1. State Of Bihar 2. Vijay Khalka, son of Laxman Singh Manager C.S. Hutchission Escar (Essar Spreetfel Ltd.) 4th floor, Jaharaja Kameshwar Complex, Frazer Road, P.S.-Kotwali, Distt.-Patna. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Dr. Manoj Kumar, Advocate For the State : Renuka Ratnakar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER (Per: HONOURABLE MR. JUSTICE VIKASH JAIN) 2 03-02-2012 This application has been filed for quashing the order dated 26.4.2010 by which the learned Judicial Magistrate, Nawadah, has rejected prayer of the petitioner for discharge in relation to the offence under [STATUTE] in connection with Nawadah P.S. Case no.207 of 2007, G.R. No.814 of 2007. According to the F.I.R. lodged by the Manager of Hutch Essar Ltd., Patna, some unauthorized persons through impersonation were cheating the public with the promise of securing contracts with the said company in their favour. Pursuant to the F.I.R. some persons were arrested and some forged identity cards of Hutch Essar Ltd. were recovered from them including in the name of the petitioner. Learned counsel has submitted that the petitioner being a young girl of about 20/21 years of age has been trapped Patna High Court Cr.Misc. No.25101 of 2010 (2) dt.03-02-2012 2 in the present case and in herself a victim of cheating. It is submitted that she has been regularly appointed by the Company and is not involved in the offence as alleged. On perusal of the impugned order dated 26.4.2010, I find that the same has been passed after considering various materials on record including the case diary and on finding a prima facie case being made out against the petitioners. I therefore find no illegality in the impugned order passed and accordingly this petition stands dismissed. sudip/- (Vikash Jain, 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.