SURESH CHANDRA CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned APP for the State.

(2.) This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 04.07.2014 passed by learned Sub-Divisional Judicial Magistrate, Munger in G. R. Case no. 2039 of 2013, whereby the learned Magistrate finding prima facie case under Sections 406 and 409 of the Indian Penal Code against the petitioner, has taken cognizance of the offence under aforesaid Section against the petitioner.

(3.) Factual matrix of the case is that Muffasil Munger P.S. Case No. 227 of 2013 was instituted under Sections 406 and 409 of the Indian Penal Code against accused Suresh Chandra Chaudhary on the basis of written report of Anil Kumar Srivastava son of Sri Nirsu Narayan Prasad Srivastava District Programme Officer Munger with the allegation, in succinct that the said accused happens to be In-charge-Headmaster of Gandhi High School at Kutlupur district Munger and he has defalcated Rs. 39,50,000/- allotted to the said school under different Government schemes.