IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40371 of 2021

Arising Out of PS. Case No.-100 Year-2010 Thana- BAHERA District- Darbhanga

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SUNIL KUMAR RANJAN Son of Ramdeo Das Resident of Village

champatri, P.S. - Belhar, District - Banka, presently posted on the post of

D.C.L.R., Supaul, P.S. and District - Supaul.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Ms.Indu Bhushan, Advocate

For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP

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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY

ORAL ORDER

2

12-05-2022

Heard the parties.

The petitioner has preferred this application for

quashing of the FIR of Bahera P.S. Case no. 100 of 2010

registered under sections 420, 406, 409, 467, 468 and 471 of

the Indian Penal Code.

It is submitted by learned counsel for the petitioner

that reading the contents of the FIR, vague, unfounded and

unsubstantiated allegations have been leveled against all the

accused persons. All the allegations relate to schemes under the

MANREGA. It is stated that the petitioner was at no point of

time a Drawing and Disbursing Officer under the said scheme

nor was a single farthing entrusted to him at any point of time. It

is submitted that accepting the allegations leveled in the FIR no

Patna High Court CR. MISC. No.40371 of 2021(2) dt.12-05-2022

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allegation of criminal breach of trust is made out nor any

offence under any section of the Indian Penal Code is made out.

Thus, it is prayed that the FIR be quashed.

The application is opposed by learned APP for the

State.

Having heard learned counsel for the parties and on

going through the contents of the FIR, it transpires that the

petitioner is named as one of the accused therein and further

there is a categorical allegation that all the accused persons

defalcated a total sum of Rs. 50 lacs under different schemes in

the period 2008-09 and 2009-10.

The Hon'ble Supreme Court in Cr. Appeal no. 330 of

2021 (Ms. Niharika infrastructure Pvt. Ltd vs. the State of

Maharastra and Ors) vide judgment dated 13.4.2021 has held

that the powers of quashing is to be exercised sparingly and

with great circumspection. While examining an FIR, quashing

of which is sought, the Court cannot embark upon an inquiry as

to the reliability or genuineness or otherwise of the allegations

made in the FIR. Quashing of FIR is an exception rather than a

rule.

Having heard learned counsel for the parties and

taking into consideration the contents of the allegations leveled

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in the FIR together with the judgment in the case of Ms.

Niharika Infrastructure Pvt. Ltd (supra), the Court is of the

opinion that there is no merit in the instant application and the

same is dismissed.

Prakash/-

(Partha Sarthy, J)

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