IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16469 of 2008 KUMAR RAJENDRA PRASAD son of late Mahabir Prasad, resident of village and post- Daud Nagar, P.S.-Daut Nagar, Dist.-Aurangabad, at present posted as Circle Inspector Banjaria Anchal P.S.-Banjaria, Dist.- East Champaran at Motihari. …… ……Petitioner Versus STATE OF BIHAR ….. ……Opp. Party. ----------- 2. 30.6.2010. Heard Mr. Jitendra Kumar Rai, learned counsel appearing on behalf of the petitioner and Mr.Nirbhay Kumar Singh, learned Additional Public Prosecutor, for the State. The sole petitioner, while invoking inherent jurisdiction of this court under section 482 of the Code of Criminal Procedure, has prayed for quashing of an order which was passed on 25.2.2008 in Trial No.715 of 2008 (arising out of Sonbarsa P.S. Case No.12 of 2001, G.R. No.297 of 2001) by Shri R.C.Dwivedi, Judicial Magistrate, Ist Class, Shivhar, Sitamarhi. By the said order the learned Magistrate has taken cognizance of the offences under section 409 and 34 of the Indian Penal Code. Learned counsel for peitioner, while pressing this petition, submits that the Circle Inspector was not at all required to collect any material nor any entrustment was made to the petitioner in this case. It was submitted that no material was collected by the police against the petitioner during investigation. He submits that first information report was lodged on the basis of the report submitted by the Circle Inspector, Sonbarsa, in which the Nazir and the petitioner was made accused on an allegation of misappropriation of government fund. Learned counsel for the petitioner has also referred to the enclosures of the first 2 information report which has been brought as annexure-4 to the petition i.e. letter dated 18.1.2001of the Circle Officer, Sonbarsa. Learned counsel for the petitioner submits that in the said report entire allegation has been leveled against co-accused Birendra Lal Karn, Naizir of Sonebarsa. Learned counsel further submits that the learned court below while rejecting the discharge petition has committed error of record. He submits that in paragraph 51 of the case diary nothing has been asserted against this petitioner, however, the learned Magistrate has referred that the statement made in the said paragraph shows corroboration of fact against this petitioner. Accordingly, it has been prayed to quash the order rejecting the discharge petition. Mr.Nirbhay Kumar Singh, learned Additional Public Prosecutor, appearing on behalf of the State opposed the prayer of the petitioner. Besides hearing learned counsel for the parties, I have also perused the first information report and the impugned order. In the first information report itself there is allegation showing involvement of the petitioner in which allegation was that Rs.3,48,541.55 paise of the government fund, though collected, was not deposited in the Govt. account and, accordingly, the same was misappropriated. It is true that 2nd enclosure of the first information report does not give such picture. However, 1st enclosure to the petition i.e. letter dated 18.1.2001 issued by Sub.Divisional Officer indicates that after enquiry misappropriation of Govt. fund was found and it was directed to institute a first information report against the Nazir and this 3 petitioner also. On perusal of the impugned order, I am satisfied that the learned Magistrate while rejecting petition has not committed any error. Moreover, at the time of rejection of discharge petition as per provision contained in Code of Criminal Procedure, there is no requirement to assign reason. However, if the court feels to discharge an accused, it is required to assign reason. So far as stand taken by the learned counsel for the petitioner that the learned Magistrate has committed error of record, in the petition no such specific averment has been made and, as such, at the stage of hearing a petition under section 482 of the Code of Criminal Procedure, it is not required to entertain such plea. I do not find any merit in the petition and the petition stands rejected. Md.S. ( Rakesh Kumar, J.)