Arjun Prasad v. The State Of Bihar And ANR.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22077 of 2012 Arising Out of PS.Case No. -105 Year- 2010 Thana -null District- KISANGANJ =========================================================== Arjun Prasad, S/O Late Ram Lagan Mahto, R/O Village - Pitaungia, P.S. Bhadaur, District - Patna, At Present Posted At Assistant Godown Manager, Bihar State Food. Co - Operative Gaya, Distt. - Gaya .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party =========================================================== Appearance :

For the Petitioner :

Mr. S.N. Mishra, Advocate For BSFC :

Mr. Mayank Shekhar, Advocate For the State :

Ms. Veena Rani Pd., APP =========================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT Date: 15-09-2017 Heard learned counsel for the petitioner, learned counsel appearing on behalf of BSFC and also learned A.P.P. for the State. 2.

This application has been filed under Section 482 of the Code of Criminal Procedure to quash the order dated 21.09.2011 passed in Bahadurganj P.S. Case No. 105 of 2010 (G.R. No. 1174 of 2010), whereunder the learned Chief Judicial Magistrate, Kishanganj took the cognizance of the offence under Sections 467, 468, 471, 419, 420 and 408 of the Indian Penal Code.

3.

The fact leading to this application is that District Manager, BSFC, Katihar gave his written report dated 20.11.2010 before the Officer-in-Charge P.S Bahadurganj to the effect that during the posting of the petitioner as the Assistant Godown Manager B.S.F.C. Bahadurganj in between 02.06.2008 to 04.09.2009, rice and wheat were found shortage worth of Rs. 3,44,097/-. As such the petitioner being the

Assistant Manager, BSFC Godown, Bahadurganj misappropriated the rice and wheat worth of Rs. 3,44,097/-.

4.

On the basis of the written report of the District Manager, BSFC, Katihar, Bahadurganj P.S. Case No. 105 of 2010 was instituted on 22.11.2010 under Sections 467, 468, 471, 419, 420 and 406 of the Indian Penal Code. On investigation, the Police submitted Chargesheet. Thereafter, Learned Chief Judicial Magistrate, Kishanganj, on perusal of the Chargesheet and case diary took the cognizance of the offence under Sections 467, 468, 471, 419, 420 and 408 of the Indian Penal Code against the accused/petitioner.

5.

Learned counsel for the petitioner submits that, in fact, there was dispute of account in between petitioner and the Manager of the BSFC, Kishanganj, later on after adjusting the alleged defalcation amount in the present case and two other cases, Rs. 7,19,507.28 was paid to the petitioner which would appear from Annexure-6 to the petition. As such, the impugned order taking the cognizance under Sections 467, 468, 471, 419, 420 and 408 of the Indian Penal Code in Bahadurganj P.S. Case No. 105 of 2010 / G.R. No. 1174 of 2010 and further proceeding against the petitioner is illegal. 6.

On the other hand, learned counsel appearing on behalf of BSFC while submits that there is no illegality in the impugned order, but he fairly conceded that after accounting Rs. 7,19,507.28 was paid by the BSFC to the petitioner in the light of order dated 28.02.2012 passed by the Managing Director, BSFC.

7.

Admittedly, after accounting Rs. 719507/- of the petitioner was found due against the BSFC and the same is paid to the

petitioner. As such on taking the cognizance against the petitioner through impugned order under Sections 467, 468, 471, 419, 420 and 408 of the Indian Penal Code in Bahadurganj P.S. Case No. 105 of 2010 / G.R. No. 1174 of 2010 further proceeding appears to be illegal and amount to abuse of process of Court.

8.

In the result, the impugned order dated 21.09.2011 passed in Bahadurganj P.S. Case No 105 of 2010, whereunder the learned Chief Judicial Magistrate, Kishanganj took the cognizance against the accused-petitioner under Sections 467, 468, 471, 419, 420 and 408 of the Indian Penal Code in Bahadurganj P.S. Case No. 105 of 2010 / G.R. No. 1174 of 2010 and entire criminal proceeding is hereby quashed. Accordingly, this application is allowed. (Rajendra Kumar Mishra, J) manish/- AFR/NAFR NAFR CAV DATE N.A Uploading Date 21.09.2017 Transmission Date 21.09.2017