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IN THE HIGH COURT OF JUDICATURE AT PATNA
Chandra Shekhar Jha
Arjun Kumar Singh, son of Late Chandrika Singh – Appellant
Versus
State Of Bihar through the Director General of Police – Respondent
JUDGMENT :
Chandra Shekhar Jha, J.
Heard Mr. Ranjan Kumar Jha, learned counsel appearing for the petitioners and Mr. Kunal Tiwary, learned AC to GA-II, for the State.
2. The present writ application preferred by aforementioned six petitioners under section 226 and 227 of the Constitution of India, with following prayers and for reliefs:
“(I) For quashing the prosecution of the petitioners in connection with Katihar Town (Sahayak) P.S. Case No.403 of 2018 dated 25.06.2018 in respect whereof a written report was filed by the Respondent no.4 before the Respondent no.3 on 25.06.2018, attributing offences under Section 409/34 of the Indian Penal Code on the ground that since the petitioners were not at all connected with preparation and approval of the estimate of the scheme in question even if a wrong provision was made in the estimate of aforesaid scheme, the petitioners had committed no offence, if they had executed the work strictly in accordance with the estimate prepared by other accused persons and approved by the Chief Engineer.
(II) For issuance any other appropriate writ/writs,order/orders, direction/directions for which the writ petitioners would be found entitled under the facts
The court ruled that the allegations against the petitioners did not constitute a prima facie case of criminal breach of trust, warranting the quashing of the FIR due to lack of direct involvement an....
The court established that serious allegations of criminal breach of trust and conspiracy justify proceeding to trial, and that prior sanction for prosecution is not required for a retired public ser....
At the stage of framing the charge, the truth, veracity, and effect of the evidence proposed by the prosecutor are not meticulously judged.
The court held that the allegations against the petitioner did not attract the ingredients of the offences under Sections 403, 409, and 188 IPC. It also held that the FIR was registered without condu....
The court confirmed that a fiduciary relationship can give rise to criminal liability under IPC sections for failure to remit entrusted funds, emphasizing that both civil and criminal remedies may be....
The absence of necessary elements for a breach of trust under IPC Section 409 necessitates quashing the summoning order.
The court held that allegations of misappropriation and abuse of power by a public servant warrant investigation, and an FIR should not be quashed if it discloses a prima facie case.
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