IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14232 of 2009 RAM UCHIT SAH, S/O Prabhu Lal Sah, Resident of Village Raipur, P.S. Ujiarpur, District Samastipur. ……….Petitioner Versus THE STATE OF BIHAR ………Opposite Party For the Petitioner : Mr. Manoj Kumar Singh, Advocate Mr. Dlip Kumar Roy, Advocate For the State : Mr. U.S.P. Singh, A.P.P. 04/- 26-10-2010 Heard learned counsel for the petitioner and Additional Public Prosecutor for the State. Learned counsel for the petitioner is permitted to make necessary correction regarding opposite party no. 3 This is an application under Section 482 of the Code of Criminal Procedure seeking quashing of order dated 24.07.2008 passed by Additional Chief Judicial Magistrate, Dalsingsarai in Ujiarpur P.S. Case No. 151 of 2004 taking cognizance for the offences under Section 409, 420 and 120B of the Indian Penal Code. It is pointed out that the case was instituted against the petitioner and others with an allegation that they have released Rs. 15,000/- for construction of community hall, but when the scheme was recalled, in spite of notice money was not been returned rather some act towards construction was done on a school land. The police after investigation submitted final form stating therein that the case is of mistake of fact and the contractor earlier has already deposited the money taken in advance. - 2 - From the impugned order it appears that court below found deposit of money in account no. 1640 running in the Shetriya Gramin Bank, but the account was in the name of contractor whereas fact is altogether different. The aforesaid account runs in the name of Gram Panchayat, where in Rs. 2,000/- was deposited on 4.11.2004 vide Annexure-3 and earlier vide Annexure-2 Rs. 13,000/- appears deposited in cash on 06.03.2004 (Annexure-2). Both the deposits find mentioned in the account book of the Gram Panchayat. On basis of all such materials couple with finding of the court below that there was no material against either of the accused. Learned Additional Public Prosecutor fairly concedes that no case is made out against the accused persons. Accordingly, the impugned order is hereby quashed and this petition stands allowed at this stage. Praveen (Akhilesh Chandra, J.)