BIRENDRA SINKU Vs. MEHARBAN SINGH

JUDGEMENT

(1.) Since, the common question of facts and law is involved in both of these above­stated petitions and they have arisen out of the common order dated 03/05/2016 passed in Criminal Complaint No. 3524/2019 by the Chief Judicial Magistrate First Class, Durg, therefore, for the sake of convenience they have been clubbed together and are being disposed of by this common order.

(2.) The four petitioners, who are senior Railway officers posted at the relevant time at the office of the General Manager, Raipur, calls in question the legality, validity and correctness of the order dated 03/05/2019 (Annexure P/4) by which learned Chief Judicial Magistrate, Durg, has issued process against them in exercise of the power conferred under Section 204 of CrPC for commission of offence punishable under Sections 420 read with Section 34 of IPC and the order dated 27/01/2020 by which learned revisional Court affirmed the order passed by the learned Magistrate and dismissed the revision preferred by the petitioners.

(3.) The complainant/respondent No. 1 herein filed a complaint under Section 200 of CrPC on 06/04/2018 stating inter alia that the S.E.C. Railway had awarded a contract for the work of cleaning platforms and coaches of the trains originating from Durg Railway Station among other cleaning services to GS and IS Company for a period of three years for which the Company was required to clean the platforms as well as Railway coaches as per the agreement, but the company did not perform the said work in accordance with the agreement and various irregularities were found with regard to the cleaning of platforms as well as railway coaches due to which the passengers had to suffer. complaint was also made to the S.P. (Railway) but no action was taken by him.