Nakul Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24204 of 2016 Arising Out of PS.Case No. -329 Year- 2014 Thana -FALKA District- KATIHAR ====================================================== Nakul Prasad S/o late Ram Sharan singh R/o Village-Sahbajpur PS Jehanabad, District Jehanabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jagnnath Singh For the Opposite Party/s : Mr. Jitendra Kumar Roy-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 24-06-2016 The present application has been filed for quashing the F.I.R. of Falka P.S. Case No. 329 of 2014 registered for the offences under Sections 409 and 420/34 of the Indian Penal Code.

The accusation is of embezzlement of the amount in the paddy procurement scheme.

It is submitted by learned counsel for the petitioner that the thrust of accusation is against Rajiv Kumar Ambashta who accepted that he will deposit the alleged amount but he failed to deposit. This fact also gets reflected from the accusation levelled in the FIR.

It is settled that quashing of the F.I.R. can be made only when the accusation does not constitute prima facie

Patna High Court Cr.Misc. No.24204 of 2016 (2) dt.24-06-2016 2/2 case or prosecution is barred under the law. Hence, this Court is not inclined to interfere.

Accordingly, this application is disposed of with liberty to the petitioner to raise all the contentions at appropriate stage of the proceeding.

(Dinesh Kumar Singh, J) DKS/- U T