The High Court quashed criminal proceedings challenging prosecution for misappropriation where funds alleged to be stolen were the petitioner's own, negating the requisite element of entrustment under Section 406 IPC.
Quashing of impugned order and subsequent proceedings.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7753 of 2015
Arising Out of PS. Case No.-188 Year-2012 Thana- WAJIRGANJ District- Gaya
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Shailendra Kumar @ Pappu Kumar Son of Rambriksh Singh, Resident of Village - Pura, Police Station - Wazirganj, District - Gaya.
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.S.R.P. Sinha, Advocate Mr. Mrigendra Pratap Singh, Advocate For the Opposite Party/s : Md. Sufiyan, App For the SBI(Resps. 2 & 3: Mr. Kaushalesh Choudhary, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 08-01-2020
Heard learned counsel for the parties.
Patna High Court CR. MISC. No.7753 of 2015 dt.08-01-2020 2/3
India at Kenar and petitioner worked thereat as service provider. On 18.08.2012 unknown criminals robbed rupees seven lacs and seventy thousand of the petitioner. The case was registered under Section 392 of the Indian Penal Code. After investigation the police concluded that the petitioner had misappropriated the money of the Bank and had lodged a false case of robbery. As such charge sheet was submitted against the petitioner for offence under Section 406 of the Indian Penal Code.
Patna High Court CR. MISC. No.7753 of 2015 dt.08-01-2020 3/3
“entrustment of money” by the Bank to the petitioner; rather there is specific case that the money was of the petitioner. Hence, the offence under Section 406 of the Indian Penal Code is not made out.
(Birendra Kumar, J)
Mkr./-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 10.01.2020 |
| Transmission Date | 10.01.2020 |
1 issue framed by the court
Whether criminal prosecution under Section 406 IPC for misappropriated funds which were the petitioner's own property constitutes an abuse of court process.
2 provisions across 2 enactments
Shailendra Kumar
State Of Bihar
State Bank of India Wazirganj Branch
State Bank of India Zonal Manager Patna
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
