IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38191 of 2009 SHIV NARAYAN JHA, SON OF BALESHWAR JHA, RESIDENT OF VILLAGE CHAKWA, P.S. HAYAGHAT, DISTRICT DARBHANGA. ----- PETITIONER Versus 1. THE STATE OF BIHAR 2. SADUL HASAN KHAN, SON OF NOT KNOWN, RESIDENT OF VILLAGE MOTIPUR, P.S. ROSERA, DISTRICT SAMASTIPUR AT PRESENT AS BLOCK DEVELOPMENT OFFICER-CUM-CIRCLE OFFICER, BLOCK HAYAGHAT, DISTRICT DARBHANGA. ----- OPPOSITE PARTIES ----------- 2 6.11.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner has filed this case for quashing the First Information Report vide Hayaghat P.S. Case No. 44 of 2009 instituted under Sections 167, 420, 379 and 34 of the Indian Penal Code and Section 33 of the Forest Act. The facts are that the petitioner is the Headmaster of the school. When the school was built, a sheesham tree was cut and the wood was lying in the school premises. The petitioner on the direction of the Vidyalaya Shiksha Samitee is said to have been sold the sheesham tree. It is alleged that he has cheated the school by selling the tree and misappropriating the money. Learned counsel for the petitioner submits that the First Information Report is completely without any basis. The petitioner was authorized by the Vidyalaya Shiksha Samitee to sell the wood belonging to the school and after selling the said wood he has deposited Rs. 17,000/- in A/C No. 7448 of the Vidyalaya Shiksha Samiti in the Mithila Kshetriya Gramin Bank, Laheriasarai, Darbhanga. 2 The Officer Incharge of Hayaghat Police Station is expected to make a thorough enquiry before submitting charge sheet in this case in view of the facts that have been stated aforesaid. The Officer Incharge will confirm all the facts from the Vidyalaya Shiksha Samitee and thereafter submit charge sheet. The petitioner is permitted to produce this order before the Officer Incharge of Hayaghat Police Station for the needful. This application is disposed of with the aforesaid observations. Sanjay ( Sheema Ali Khan, J.)