IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.37342 of 2007 RAM EKBAL GUPTA (MUKHIYA), son of Late Rajaram Gupta. . . . . . . Petitioner. Versus 1. THE STATE OF BIHAR 2. Munshi Devi @ Banshi Devi, W/o Late Yogendra Sahani. . . . . . . . Opposite Parties. ----------- 3/ 27.11.2009 Heard learned counsel for the petitioner and the State. The petitioner has challenged the order dated 05.20.2005 passed by Judicial Magistrate, 1st Class, Muzaffarpur in connection with Complaint Case no. 1878 of 2005 dated 29.07.2005 under Sections 406, 409 and 420 of the Indian Penal Code, giving rise to Trial No. 2461 of 2006. The prosecution case, in short, is that the complainant was allotted Indira Awas but the accused did not give the cheque to the complainant, instead enchasing the same, he took the payment himself. Learned counsel submits that Munsi Devi, wife of Sri Yogendra Sahani has sworn an affidavit to the effect that she had already received the money from Block Development Officer, Minapur and built her house. In course of supervision, the Block Development Officer and other officials have found the constructed Indira Awas of Munsi Devi. After hearing the parties, this Court is of the view that the petitioner may take all these points at the time of framing of charge including filing of affidavit by Munsi Devi. With the aforesaid observation, this application is disposed of. Uday/ (Samarendra Pratap Singh, J.)