SURESH KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard.

(2.) This application under Sec. 482 Cr.P.C. has been filed to quash the order of cognizance dated 2.4.2006 passed by C.J.M., Patna in Sachiwalaya (Gardanibagh) P.S. Case No. 306 of 2003 thereby and thereunder cognizance under Sec. 409 I.P.C. has been taken against the petitioner.

(3.) On perusal of fardbeyan, it appears that there is a Police Benovolent Scheme and Education Scheme in the department. From all the districts, constable to inspector rank of personnels of the police used to deduct Rs. 15/- under both the schemes. In the year 2001-02, it has been alleged that total of Rs. 1,59,000.00 amount were sent to the head office of which this petitioner is a Section Officer. This petitioner deposited only Rs. 11,38,198/- only and he mis-appropriated Rs. 20,802/-. Accordingly, the fardbeyan was lodged. The police after investigation submitted chargesheet. The learned C.J.M., thereafter, took cognizance vide impugned order.