IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30056 of 2009 Raj Kumar Versus The State Of Bihar ----------- 02/ 17.11.2011 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State on the point of admission. In my view, this petition can be disposed off at the admission stage itself on the basis of the materials available on the record. Petitioner, while invoking extra-ordinary jurisdiction of this court vested under section 482 of the Cr.P.C, has prayed for quashing the FIR of Balia P.S. Case no.59/2007 registered under sections 406 and 409 of the IPC. Admittedly, at the relevant time, petitioner was working as junior engineer and he was involved in execution of several government schemes. Allegedly, enquiry was conducted and after that the aforesaid case was registered against the petitioner for committing illegality and irregularity as well as for defalcation of government money in respect of the above stated government schemes. Learned counsel for the petitioner submits that he was only duty bond to measure construction works and neither any amount nor any work was entrusted to him and furthermore, he was not appointed as agent to execute the aforesaid schemes. It is also pointed out by him that subsequently, when the real facts came to the knowledge of the concerned BDO, he sent letter to the SDPO, Balia - 2 - for exonerating the petitioner from the above stated case which is annexure 2 to this petition. The order dated 24.11.2008 passed by the Chief Judicial Magistrate, Begusarai in the above stated Balia P.S. Case no.59/2007 reveals that after due investigation charge sheet has already been submitted against the petitioner and the learned Chief Judicial Magistrate has taken cognizance for the offence. Therefore, I am of the opinion that it is not proper to quash the FIR of Balia P.S. Case no.59/2007. Accordingly, this petition stands disposed off. However, the petitioner may raise all his points at the time of framing of the charge and if the petitioner raises his plea for discharge the learned trial court shall consider his plea and shall pass order in accordance with law. shahid (Hemant Kumar Srivastava,J)