- (1.) THE revisional application under Section 482 of the Code of Criminal procedure is directed to quash proceeding in connection with Case No. 155 of 2005 arising out of Contai Police Station Case No. 66 of 2005 under Sections 406/471/468/420 of the Indian Penal Code, now pending before the Court of learned Additional Chief Judicial Magistrate, Contai.
(2.) IT appears from the documents filed along with the application, that police officer after conducting investigation submitted charge sheet against the petitioners herein for commission of offence punishable under Section 406 of the Indian Penal Code. The First Information Report in this case was lodged by one Inspector, DIO-III, Contai, on the basis of allegation of execution of power of attorney in favour of the petitioner herein by the Opposite Party no. 2. The said power of attorney was executed by the O. P. No. 2 in favour of the petitioner herein, in view of the relationship between the petitioner with the opposite Party No. 2. Under the said power of attorney a copy of which is annexed along with the revisional application, petitioner herein was entrusted over certain immovable properties of the O. P. No. 2. The said property was mortgaged by the petitioner with the Cooperative Bank while raising loan of rs. 80,000/-, the amount could not be repaid and the matter is now pending with the Cooperative Tribunal.
(3.) THE short question that arises is whether in respect of immovable property, an offence of criminal breach of trust punishable under Section 406 of the. Indian Penal Code can at all be substantiated.;