IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7056 of 2008 SMT. SASMITA KUMARI …PETITIONER Versus STATE OF BIHAR …OPPOSITE PARTY For the petitioner : Mr.Nand Kishore Pd. Singh For the State : Mr.Jharkhandi Upadhyaya,APP ----------- 05. 22.09.2010 Heard learned counsel for the petitioner and the State. The institution of the FIR is being challenged on the following grounds: 1. The FIR does not constitute any criminal offence. 2. There is lack of sanction. 3. The matter is fairly old one. 4. The FIR has been lodged at the instance of a staff of the school who was inimical to the petitioner against whom certain actions have already been taken by the petitioner. I have perused the FIR. All foundational facts have been set out which shall constitute an offence punishable under section 409 IPC. It further appears from the status report that the police on conclusion of investigation, has found the accusation to be true and accordingly charge-sheet has been submitted. In that view of the matter, this Court is not inclined to allow this application by quashing the FIR (Annexure-1). The application is accordingly dismissed. hr ( Kishore K. Mandal )