RANGANATHA D. Vs. STATION HOUSE OFFICER, BMTF POLICE

JUDGEMENT

(1.) These writ petitions under Articles 226 and 227 of the Constitution of India read with Sec. 482 of Criminal Procedure Code, 1973 are filed by the petitioners to quash the proceedings in PCR No. 37 of 2016 on the file of IV Additional Chief Metropolitan Magistrate, Bengaluru.

(2.) Petitioners 1 to 5 are working as Engineers in different Sub-Divisions of PWD. Petitioner 6 is the Managing Director of Aishwarya Infrastructure and Developers.

(3.) One N.R. Ramesh-respondent 2 filed a complaint before the IV Additional Chief Metropolitan Magistrate, Bengaluru in PCR No. 737 of 2016 against all the petitioners and one Umesh, Executive Engineer. The substance of the allegations made out in the complaint is that the complainant is the social worker; he was a Corporator of Yediyur Constituency; Government had sanctioned Rs. 9 crores and 50 lakhs to carry out 24 works of asphalting of roads and other works pertaining to Ward Nos. 139, 140 and 141 in the year 2014-2015; the work was allocated to KRIDL and Aishwarya Infrastructure and Developers; the contractors of KRIDL and Aishwarya Infrastructure and 'Developers; without even completing 5% of the work entrusted to them, they managed to get work completion certificate with the connivance of the petitioners and they were successful in embezzling the amount illegally. When it is brought to the notice of the Deputy Commissioner, he passed a detail order and forwarded the same to the Government for criminal action against all the petitioners 1 to 6 who were hands in glove with the KRIDL and Aishwarya Infrastructure and Developers who cheated and got the amount released based on the bogus bills produced by them. Therefore, the complainant presented a complaint before the Magistrate to take cognizance against the petitioners for the offence punishable under Sections 403, 464, 468, 405 and 420 of Indian Penal Code, 1860. The learned Magistrate by his considered order dated 12-2-2016 referred the complaint for investigation under Sec. 156(3) of Crimial P.C. to the Station House Officer, BMTF Police Station, Bangalore. To quash the said order passed by the Magistrate, these writ petitions are filed by the petitioners.