IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.962 of 2007 RAVI BHUSHAN PRASAD @ SADANJI, S/o. Late Nand Kishore Prasad Singh @ Nand Keshwar Prasad, Partner of M/S. Standard Offset, Industrial Area, Fatwah with Office and r/o. Mohalla Nayatola, P.S. Kadamkuan, District- Patna. ------ Petitioner. Versus 1. The STATE OF BIHAR, through Senior Superintendent of Police, Patna. Respondent No.1. 2. Bihar State Finance Corporation, through Branch Manager Fatwah, Patna. Respondent No.2 Counsel for the Petitioner: Mr. Ram Chandra Prasad, Advocate. Counsel for the State : Mr. Lala S.N. Rai, A.C. to G.A. -9 Counsel for the Respondent-2: Mr. Y.V. Giri, Sr. Advocate. Mr. Raju Giri, Advocate. 9 30.03.2009 The petitioner has prayed for quashing of the F.I.R. under Fatuha P.S. Case No. 15 of 2004 under Sections 406, 420 & 120B of I.P.C. as well as Pirbahore P.S. Case No.292 of 2004 under Sections 406, 420/34 & 120B I.P.C. against the petitioner. The subsequent proceeding under the F.I.R. is also prayed to be quashed. It appears that these two F.I.Rs. were instituted on the basis of the Complaint Case No. 1788(C)/2002 as filed by the Branch Manager (Fatwah) of the Bihar State Financial Corporation alleging that the petitioner had obtained loan 2 of Rs.3.96 lakhs but the loan or its interest was not re-paid and that the petitioner’s plant and Machinery for the petitioner’s establishment M/s. Standard Offset situated in Industrial Area A/9-10 of Fatwah, which stood hypothecated to the complainant were removed without his knowledge and that subsequently the officials of the complainant corporation inspected M/s. Rastriya Press, Nayatola, Patna, which was a concern being run by the petitioner and they found that the petitioner, who had removed the hypothecated machinery was using those machinery in that press and therefore it was alleged that petitioner had stolen the hypothecated machinery and was using the same in the said Rastriya Press, Nayatola, Patna and for that offence the said Complaint No.1788 (c) of 2002 was field. The sections of the offence mentioned in the complaint was Sections 120B, 406 and 420/34 of the I.P.C. Since two F.I.Rs. were instituted, the matter came to the knowledge of the higher police supervising authorities and by their order the F.I.R. under Pirbahore P.S. Case No.292 of 2004 was amalgamated with Fatwah P.S. Case No.15 of 2004 and the 3 investigation proceeded. The petitioner has taken a plea that the complainant corporation had earlier filed a complaint for the offence under Sections 406 & 420 I.P.C. on the allegation that the petitioner had obtained loan but he did not repay the same and dishonestly the hypothecated property were made traceless and offence under Section 420 & 406 I.P.C. were alleged and the petitioner was also tried under complaint Case No.683(C) of 1994 before the J.M., 1st Class, Patna, wherein by judgment dated 31.01.2000 the petitioner was acquitted of the charge under Section 420 I.P.C. but he was convicted for the charge under Section 406 I.P.C. and sentenced to R.I. for three years. The grievance of the petitioner is that he has already been tried for the offence under Section 406 & 420 I.P.C. with regard to not returning of the loan money to the complainant corporation and for dishonestly making the hypothecated plant and machinery traceless, therefore, learned counsel for the petitioner argues that he cannot be tried for the same offence for the second time and that 4 subsequent trial of the same offence is barred under law. Learned counsel for the respondent referred to his counter affidavit and pointed out that if both the F.I.Rs. quashing of which is sought by the complainant were amalgamated and after completion of investigation charge- sheet have been submitted in that case and the matter is pending before the learned C.J.M. for taking cognizance of the offence. Learned counsel for the respondents submits that it is not a plane and simple case of retrial of the same offence but it is submitted that at the initial trial the simple offence was only this much that the petitioner committed breach of trust inasmuch as hypothecated assets were made traceless without permission or knowledge of the complainant. Learned counsel further submits that the subsequent F.I.Rs. related to subsequent occurrence which are in respect with the finding of the removed plant and machinery at a different establishment of the petitioner namely, Rastriya Press at Nayatola, Patna, where those machineries were being used by way of having been stolen away from the original plant site of M/s. Standard Offset at Industrial Area, Fatwah and thus the offence of theft 5 was indicated and recovery of stolen property was also found and that therefore learned counsel submits that a subsequent offence under Sections 379 & 414 I.P.C. was also found for which the subsequent F.I.Rs. were lodged. Learned Counsel submits that it is entirely different offence which was subsequently found and which offence had not transpired earlier and that the subsequent F.I.Rs. were lodged. Learned counsel for the petitioner replied that even in the subsequent F.I.Rs. or the charge-sheets the offence under Sections 379 & 411 I.P.C. had not been indicated. Learned counsel for the respondent submits that no doubt the offence under Sections 379 & 414 I.P.C. had not been indicated by mentioning those sections of the I.P.C. in the F.I.R. but in substance such offence is indicated and this matter will be heard and decided by the learned C.J.M. while taking cognizance of the offence and on consideration of the charge-sheets and materials collected during investigation. Thus hearing and considering that the subsequent machinery were found being used in 6 petitioner’s another concern and an offence of theft and finding of stolen property is also alleged, I do not feel inclined to quash the F.I.Rs. and the subsequent proceedings at this stage. The petitioner may approach before the learned C.J.M. and put his submission there which will be considered in accordance with law. Finding no merit this application is dismissed. Mkr. (C.M. Prasad, J.)