IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43047 of 2008 Deo Kishore Singh Versus State Of Bihar ---------------------------------- 2 4.8.2011 Heard learned counsel for the parties on merit. This application is being disposed of at the admission stage itself. Petitioner has moved this Court under section 482 Cr.P.C. for quashing the order dated 26.7.2006 passed in Cr.Revision No. 8 of 2006 by Additional Sessions Judge, F.T.C. V, Arrah and the order dated 6.10.2005 passed in G.R.Case No. 2426/2003/Tr.No.1196/2004 passed by Judicial Magistrate, 1st Class, Arrah by which both the courts below have rejected the petition dated 5.7.2005 in which a prayer was made that no case under sections 406, 420 and 504 IPC has been made out. Petitioner is alleged for taking Rs. 60,000/- giving assurance of re-appointment to the complainant who was retrenched from the post of Assistant in Medical Department which appeared not possible. So, allegedly petitioner was requested to return the amount but the same was not returned. 2 Allegation is of misappropriation of the amount and receiving the same cheating the complainant. The simple and single point raised by learned counsel for petitioner is that the money if was given by complainant which also is not accepted to petitioner then also not for legal purpose, may not come within the definition of legal contract. There was no document for the same also if was given as bribe to be given to others/authorities of the concerned department then the similar liability falls upon the complainant also. He is maker of the allegation, so it can be taken as his confession and as the same is not admitted to this petitioner that is not applicable with him. This point though was raised in the trial court as well as in the revisional court but is ignored without any satisfactory reply. So far as sections 406 and 420 are concerned, it is held that no offence against the petitioner is made out. This application is partly allowed. The impugned order dated 26.7.2006 passed in Cr.Revision No. 8 of 2006 passed by Additional Sessions Judge, F.T.C. V, Arrah as well as order 3 dated 6.10.2005 passed by Judicial Magistrate, 1st Class, Arrah in G.R.Case no. 2426/2003/Tr.no. 1196/04 is hereby quashed to that extent. AI ( Mandhata Singh, J.)