RAVI SHANKAR DUBEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned A.P.P. for the State duly assisted by learned counsel for the opposite party no. 2.

(2.) The present application has been filed for quashing the order dtd. 16/3/2013 passed by learned Judicial Magistrate, Gopalganj in TR No. 1566/2013 whereby learned Magistrate took cognizance against the petitioner for the offence under Sec. 406/420 and 504 of the Indian Penal Code (in short the 'I.P.C.') in Complaint Case No. 1653 of 2011.

(3.) The brief facts of the case is that complainant was the Godown Manager of Food Corporation of India (in short the 'FCI'), Koini, Gopalganj and petitioner was Godown Manager Incharge of Bihar State Food Corporation (in short the 'SFC'). It is alleged that petitioner used to lift the grains from the Godown of complainant after depositing the cost and, during 30/8/2010 to 31/12/2010, a total sum of Rs.62,82,212.50 was deposited by the petitioner with FCI, Chapra against which delivery order of lifting 58928.25 quintals of rice was obtained. Thereafter, complainant was engaged in flood relief work and by taking advantage of engagement of complainant in the said relief work, petitioner lifted 11322 quintals of rice, for which complainant asked the petitioner regarding his misconduct and thereafter, petitioner assured him to deposit the cost of excess lifting of grains.