IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47940 of 2007 ARBIND KUMAR, Son of Late Surendra Prasad Singh, resident of Village – Jaunpur, P.S. – Mohiuddin Nagar, District – Samastipur, at Present – Professor/Reader in Department of Botany, P.C. Science College, Chapra. ….. Petitioner. Versus THE STATE OF BIHAR ….. Opp. Party. For the petitioner : - Sri Sanjay Kumar Singh, Advocate For the State : - Sri S.M. Rahman, APP ----------- 6. 21.04.2009 Heard learned counsel for the petitioner and the learned APP for the State. The First Information Report was instituted against the petitioner which was registered as Chapra Town P.S. Case No. 217 of 2005 dated 25.10.2005 under Sections 420 & 409 of the IPC. The FIR was registered on the basis of a written report of the Registrar of Jai Prakash Narain University, Chapra, where an allegation was made that certain amount of money had been withdrawn by the petitioner under the N.S.S. scheme in his capacity as a coordinator of the said scheme. The amount drawn up Rs.7,36,000/- (Seven lacks thirty six thousand). After the institution of the said case petitioner denied the allegations, but for whatever reasons and advice he decided to deposit the said amount with the University and a request was made to the Vice Chancellor, which was accepted by the University. After deposit of the money by the petitioner the University authorities came to a considered opinion that there would be no point in pursuing the matter any further and in this regard petitioner has today filed a supplementary affidavit bringing in record two documents which are Annexure - 5 and 6. - 2 - Annexure - 5 is a letter from the Registrar of the University addressed to the District Magistrate, Saran at Chapra certifying the fact that the money withdrawn has already been deposited on 15.12.2005. Therefore, a request was made to sympathetically consider withdrawing the prosecution against the petitioner. Petitioner has also brought Annexure – 6 which is an endorsement made by the P.P. of Saran where he has opined that in the background of the communication contained in Annexure – 5 and the deposit of the money, the court may consider permitting withdrawal of the case in question. Since the University authorities are satisfied with the deposit of the money and may be the explanation offered by the petitioner, then no purpose should be served by prosecuting the petitioner, who is a Reader of University and still in service. Though, the petitioner is well adviced to be cautious while dealing with public fund in future. Taking the totality of the situation, the First Information Report relating to Chapra Town P.S. Case No. 217 of 2005 stands quashed. This application is, accordingly, allowed. DKS/ (Ajay Kumar Tripathi, J.)