Case Facts:
Patna High Court Cr.Misc. No.5626 of 2011 (2) dt.02-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5626 of 2011 ====================================================== Dr. Ram Chandra Rai .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Mukesh Kumar, Adv. For the Opposite Party/s : Mr.A.K. Srivastava, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 02-04-2012 Heard learned counsel for the petitioner and the State. In this case, petitioner is challenging the order dated 2nd December 2009 passed in Town (M) P.S.Case No. 738 of 2008 for the offences [STATUTE] itioner is also accused in Warisnagar P.S.Case No. 148 of 2005 (Special Case No. 13 of 2005) and allegation against him is that he being the Principal has misused the office by way of misappropriation of the College Fund relating to Students Welfare and another allegation is that he has not handed over whole document before going behind the bars in the vigilance case. The court below, on consideration of the fact that has come in the case diary has taken cognizance for the aforesaid offences. Learned counsel for the petitioner submits that the present case is arising from complaint file on 10th December 2008 Patna High Court Cr.Misc. No.5626 of 2011 (2) dt.02-04-2012 Petitioner in connection with vigilance case has gone behind the bars on 22nd January 2007 and before that on 21st January 2007 he had handed over the charge to the Vice Principal of the College. After release on bail, petitioner filed an application for joining on 6th February 2008. Later on he wrote letter on 10th March 2008 to the Registrar of the Lalit Narayan Mithila University, Darbhanga disclosing the conduct of the Secretary of the College and for that reason, the present complaint has been filed. Learned counsel for the petitioner has submitted that before going behind the bars, petitioner had given charge to the Vice Principal of the College. So this allegation is completely false. With regard to embezzlement of the fund, the contention of the petitioner is that it is in a joint account in the name of the Principal and the Secretary of the College and money cannot be withdrawn without the connivance of the Secretary. These facts are to be looked into during the trial. This Court while exercising jurisdiction under Section 482 Cr.P.C. cannot adjudicate these facts.In that circumstance, this petition is dismissed with liberty to the petitioner to raise all the points at the appropriate stage of trial. Jay/- (Shivaji Pandey, J)

Applicable IPC Section: 511

Statute Text:
Section 511 of the Indian Penal Code. Attempting to commit offences punishable with imprisonment for life, or imprisonment, and in such attempt doing any act towards the commission of the offence. Whoever attempts to commit an offence punishable by this Code with imprisonment for life or imprisonment, or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall, where no express provision is made by this Code for the punishment of such attempt, be punished with imprisonment of any description provided for the offence, for a term which may extend to one-half of the imprisonment for life or, as the case may be, one-half of the longest term of imprisonment provided for that offence, or with such fine as is provided for the offence, or with both.