IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40956 of 2008 Ashutosh Kumar, son of Jagdeo Prasad, Mohalla Kadani Road, Basidih Basti, Jamshedpur, District East Singhbhum (Jharkhand), registered office at Kumar Niwas, Malkhana Chowk, PS Bhagwan Bazar, district Saran, at present resident of village Pilui, PS Daudpur, district Saran – petitioner. Vs. 1. The State of Bihar, 2. Chandra Shekhar Singh, Construction Manager, Deepak Cable India Limited, Branch office Prabhunath Nagar, PS Chapra, district Saran. 3. K. Venkateshwar Rao, Executive Director, Deepak Cable India Limited, 313 and 314, 3rd Floor, Embassy Centre, No. 11, Crescent Road, Bangalore – 560 001 – opp. parties. 4 1.2.2010 Heard learned counsel for the parties. This application has been filed for quashing the F.I.R. of Chapra (M) PS Case No. 236 of 2007 instituted on the basis of Complaint Case No. 1540/2007. The facts giving rise to the filing of this application is that the petitioner had entered into a contract with M/s. Deepak Cable India Limited having its branch office at Saran, Chapra. The complainant is the Construction Manager of the company and had filed a complaint case which was later converted into an F.I.R. The allegation is that the petitioner has misappropriated the materials supplied by M/s. Deepak Cable India Limited. Counsel for the petitioner submits that the matter arises out of a breach of contract and the agreement indicates that all matters relating to breach of contract should be resolved at Bangalore. It is also submitted that a legal notice has been sent to the petitioner to return the materials in question. Since the case is under investigation and the police is still to come to a finding with respect to the allegations made against 2 the petitioner, it is not proper for this court to interfere in this matter by quashing the F.I.R. This application is dismissed. haque (Sheema Ali Khan, J.)