IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.25051 OF 2007 RAMJI @ AJAY NAGENDRA, SON OF RAM CHANDRA MAHARAJ, RESIDENT OF VILLAGE AND POLICE STATION EKMA, DISTRICT SARAN VERSUS 1. THE STATE OF BIHAR 2. JITENDRA PRASAD SINGH, SON OF LATE SUMANGAL SINGH, RESIDENT OF VILLAGE SHERPUR BAGHERI, POST OFFICE BHANDHORHA, POLICE STATION MAHUA, DISTRICT VAISHALI …………………………………………………………OPPOSITE PARTIES ********** 5 07/07/2009 Nobody appears on behalf of the petitioner. This application has been filed for quashing the order dated 15.02.2001 by which the Chief Judicial Magistrate, Vaishali has taken cognizance for the offences under Sections 419, 420, 406, 467, 468, 471 and 120B of the Indian Penal Code. The allegations in the First Information Report is that the headmaster of the school had taken money from several persons including the informant promising them that they would be employed in Government service if they pay certain amount to him. It is also alleged that the headmaster was dismissed from service because of the financial irregularities committed by him. On 05.07.2000 when the informant reached the school, he found that several 2 persons named in the First Information Report including this petitioner who happens to be the Guard of the school were making preparation for assaulting the teachers and the teachers have also given a written statement regarding this fact. On the basis of the aforesaid First Information Report, this case has proceeded. Learned Counsel for the petitioner submits that this petitioner is in no way involved in the financial irregularities committed in the school and as such he cannot be held to be guilty for the offences under Sections 419, 420, 406, 467, 468, 471 and 120B of the Indian Penal Code. There is not a single word said in the First Information Report to indicate that the petitioner was involved with the financial irregularities. The only allegations that has come against the petitioner and it is also very vague and unsubstantiated besides which the allegation in itself does not made out ingredients of any offence that he is said to have been getting ready to commit assault. On a plain reading of the First Information Report, this Court finds that no prima facie case is made out under Sections 419, 420, 406, 467, 468, 471 and 120B of the Indian Penal Code and 3 as such the order dated 15.02.2001 insofar as this petitioner is concerned is quashed. In the result, this application is allowed. Anand ( Sheema Ali Khan, J. )