IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13032 of 2008 PASUPATI NATH GUPTA SON OF LATE MEWA LAL SAH, R/O- VILLAGE AWASANI, P.S.- LAUKARIA, DISTRICT- WEST CHAMPARAN. Versus 1. THE STATE OF BIHAR 2. CHHEDI CHOUDHARY, SON OF LATE SUKAI CHOUDHARY, R/O- VILLAGE ANAND NAGAR, P.S.- LAUKARIA, DISTRICT- WEST CHAMPARAN. For the petitioner : Mr. N.K. Agrawal, Sr, Advocate For the O.P. No. 2 : Mr. Ramakant Sharma, Sr. Advocate For the State : Mr. Jharkhandi Upadhyay, APP 6 25.11.2010 Heard both sides. Petitioner assails order dated 14.12.2007 passed on Complaint Case no. C668/2007, whereby on a consideration of the materials on record, including the reports called for by the learned Magistrate, it has been found that there is a prima facie case against the accused persons including the petitioner punishable under Sections 408, 409, 420, 467, 468 and 471 of the Indian Penal Code. Allegation pertains to illegal withdrawal of amount under government scheme in the name of the complainant who was holding a job card under National Rural Employment Guaranteed Programme. Learned Magistrate has taken precaution in calling for certain reports in order to satisfy himself about the complicity of the accused persons in the alleged offence including the petitioner who was serving as Mukhiya of the Panchayat. One of such reports has been enclosed in the counter affidavit filed on behalf of O.P. No. 2 which is dated 22.11.2007. The submission of the petitioner that going by the - 2 - allegation, the Panchayat Sewak could have only been hauled up and not the Mukhiya, in my view, does not hold good in view of the findings recorded by the learned Trial Court in the impugned order based on report(s). There is no merit in this application. It is accordingly dismissed. pkj (Kishore K. Mandal, J)