IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40885 of 2009 RABINDRA PRASAD (Managing Director of Gupta Homes Private Limited), son of Sri Meva Lal, resident of Flat no. 505, Vasundhara Apar4tment, Ps Kadam Kuan, Patna – petitioner. Vs. 1. The State of Bihar, 2. Punam Chandra Jhawar, son of Late Prayag Chanda Jhawar, Flat no. 404, Mohalla Dariyapur, PS Kadam Kuan, Patna – opp. parties. 3 24.2.2010 Heard learned counsel for the parties. This application has been filed for quashing the F.I.R. of Kadam Kuan PS Case No. 136 of 2009, dated 11.5.2009 for the offences under sections 420, 406 and 347/34 of the Penal code. Considering the fact that there is allegation in the F.I.R. that the flat allotted to the petitioner has been sold to someone else, I do not think this is a case in which no offence is made out. As far as the factum of payment is concerned, that would require investigation by the police. If it is found that the opposite party has not made any payment for the flat in question. Obviously the consequence would follow. This application is dismissed. haque (Sheema Ali Khan, J.)