IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37996 of 2011 Md. Jahangir Alam Versus The State Of Bihar & Anr ---------------------------------- 2 08.12.2011 Heard learned counsel for the petitioner as well as learned Additional P.P. Petitioner who happens to be a Primary Teacher has prayed for quashing of FIR of Karakat P.S. Case No.159 of 2010 registered under Section 409, 420 of the IPC to the extent of his interest on the ground that whatever allegation has been alleged against him, appears to be misconceived. Further submitted that the allegation has been leveled against the petitioner by his successor in office that while the petitioner was headmaster of Urdu Prathamik Vidyalaya did not handover charge of AC /DC Bill to Asgar Ali Ansari successor in office. By Annexure-3 and 4 it has been submitted that charge of all the relevant bills were given to Asgar Ali Ansari, his successor in office who without verifying the same reported the matter to the Block Education Officer on whose forwarding note the instant case has been registered against the petitioner along with others. Learned Additional P.P. opposed and submitted that at the present stage there is no question of quashing of FIR as the same being at its nascent stage as well as the evidence is yet to come. 2 In a decision reported in 2010(7) SCC 667 at para-19 it has been observed: “the High Court should normally refrain from giving a prama facie decision in a case where all the facts are incomplete and hazy; more so, when the evidence has not been collected and produced before the court and the issues involved, whether factual or legal, are of such magnitude that they cannot be seen in their true prospective without sufficient material. Of course, no hard-and-fast rule can be laid down in regard to cases in which the High Court will exercise its extraordinary jurisdiction of quashing the proceeding at any stage” Therefore, for the present, I feel that the prayer of the petitioner happens to be premature and consequent thereupon, petition is rejected. However, petitioner may place the Annexure-3 and 4 before the Investigating Authority in support of his innocence. PN (Aditya Kumar Trivedi, J.)