IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8021 of 2014
Arising Out of PS.Case No. -3 Year- 2011 Thana -HASANPUR District- SAMASTIPUR
Om Prakash Kesari @ Arbind Kumar Kesari Son of Late Jagarnath Kesari Resident
of Village / Mohalla – Bishwanath Nagar, P.S.- Begusarai, District – Begusarai
…. …. Petitioner/s
Versus
1. The State of Bihar
2. Nishant Agarwal Son of Rajendra Agrawal Priprietor M/S Ganpati Traders,
Hasanpur Road, P.S.- Hasanpur, District – Samastipur
…. …. Opposite Party/s
Appearance :
For the Petitioner : Mr. Abhimanyu Sharma, Advocate
For the State : Mr. C. Sen Pd. Singh, APP
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR
ORAL JUDGMENT
Date: 23-08-2017
The petitioner seeks quashing of the order dated 07.09.2013, passed
by ACJM, Rosera at Samastipur in Hasanpur P.S. Case No.03 of 2011 whereby
the learned ACJM, Rosera at Samastipur has taken cognizance under Sections
406/34 IPC.
2. The petitioner is one of the accused in the aforesaid police case
and allegation is that he introduced complainant to one another accused Abdul
Jamil, proprietor of Abdul Agro Product Pvt. Ltd., Chiknauta. The petitioner also
introduced the complainant to two other accused, namely, Abdul Satar and Abdul
Amirul who are the nephew of Abdul Jamil. They purchased maize from the shop
of the complainant worth Rs.l,94,800.28/- and only paid Rs.32,000/- in cash and
the rest amount was to be paid within two months but the same was not paid.
3. Learned counsel for the petitioner submits that as far as this
petitioner is concerned, there is no any entrustment made by the complainant to
him. The maize was purchased by other accused persons. Only allegation is that
he introduced them to the complainant so if the entire allegation is taken into
Patna High Court Cr.Misc. No.8021 of 2014 dt.23-08-2017
2 /2
account against the petitioner, no prima facie case of breach of trust is made out
against him, whatever the liability of making payment is that is with the
purchasers.
4. Learned Additional Public Prosecutor appearing on behalf of the
State supports the impugned order.
5. Having considered rival submissions and on perusal of records, it
is evident that only allegation against the petitioner is of introducing the
complainant with accused persons who are purchasers of the maize from the firm
of the complainant so it is not the case that maize was delivered to the petitioner
rather it was delivered directly to the purchaser so there is no any entrustment of
any property with the petitioner; so taking into consideration the entire allegation
against the petitioner in particular, no prima facie case under Section 406 IPC is
made out against him.
6. In the result, the order of cognizance dated 07.09.2013, passed
by the ACJM, Rosera at Samastipur in Hasanpur P.S. Case No.03 of 2011 with
respect to the petitioner, namely, Om Prakash Kesari @ Arbind Kumar Kesari and
subsequent criminal proceeding only against him is set aside.
7. The application stands allowed.
(Arun Kumar, J.)
S.Kumar/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 25.08.2017
Transmission 25.08.2017
Date