High Court Patna High Court - Orders

Rasasis Ram vs State Of Bihar on 24 August, 2010

Patna High Court – Orders
Rasasis Ram vs State Of Bihar on 24 August, 2010
                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Cr. Misc. No.7366 of 2009
            RAMASIS RAM son of late Prasadi Ram, Resident of village- Mohanpur, P.S.
            Ghoshwari, District- Patna                                ....Petitioner

                                             Versus

        THE STATE OF BIHAR                                                   ...OP
                                         -----------

2/ 24.08.2010 Heard the parties.

The First Information Report bearing Chapra Rail P.S.

case no.48 of 2006 was instituted against the petitioner on account of

the fact that he as a Commercial Clerk in Railways had failed to

deposit certain amount of money which had been realized during the

official transaction.

Submission of the counsel for the petitioner is that since

the petitioner had already made good the money as required by Rule

2719 Vol. II of the Indian Railway Commercial Manual, his

prosecution under section 409 is totally unwarranted and, therefore,

the case ended in final report as ‘mistake of fact’ and the Magistrate

has not given any reason while differing with the final report.

I do not agree with this proposition since it is admitted

that there had been temporary defalcation, an offence under section

409 Indian Penal Code would be made out and the Magistrate has

passed a speaking order.

In view of such, this application is dismissed.

     JA/-                                                     (Anjana Prakash, J.)