RAMAVTAR AGRAWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioners have challenged the order dtd. 5/11/2015 passed by learned Chief Judicial Magistrate, Surajpur in Criminal Case CA No. 3479/2015 (Veerendra Pandey vs M/s Ramavatar Agrawal Road Construction Pvt. Ltd. and Others) by which the learned Chief Judicial Magistrate has allowed the application filed by the complainant/respondent No. 2 under Sec. 156(3) Cr.P.C. and directed the police station In-charge Surajpur to register FIR under Ss. 420, 467, 468, 409, 471, 477-A IPC read with Sec. 34, 120B IPC against the accused M/s Ramavatar Agrawal Road Construction Pvt. Ltd. with directors 'Shri Ramavtar Agrawal, Shri Bajrang Lal Agrawal, Shri Pawan Kumar Agrawal, Shri Satyapal Agrawal, Smt. Premlata Devi, Smt. Shashi Devi and Smt. Saroj Devi,' Shri U.P. Tiwari, Executive Engineer, Shri B.P. Singh, Executive Engineer, Shri K.S. Bhandari, Executive Engineer, Shri R.D. Jain, Executive Engineer, Shri D.K. Bhumerkar, Executive Engineer, Shri G.R. Sakare, Assistant Engineer, Shri K.K. Sahu, Sub-engineer, Shri R.C. Soni, Sub-engineer, Shri Harendra Singh, consultant, Shri Abhiram Sharma, consultant, Shri P.C. Singh, consultant, Shri Sanjay Kumra Sahu, consultant, Shri Navdip Chandra Ghosh, consultant, Shri Arun Kumar, consultant and unnamed then Superintendent Engineer, Surajpur, Shri Rohit Yadav, then Collector, Surajpur and directed that order be complied with within 7 days and thereafter the learned Chief Judical Magistrate has directed to fix the case on 13/11/2015 for submission of copy of FIR.

(2.) The brief facts projected by the petitioners are that the complainant/respondent No. 2 filed complaint on 8/7/2015 against the petitioners and other accused persons under Ss. 420, 467, 468, 409, 471, 477-A IPC read with Sec. 34, 120B IPC mainly contenting that complainant is an Ex- President of Chattisgarh Finance Corporation and working as social activist. M/s Ramavatar Agrawal was alloted tender for construction of Pradhan Mantri Gram Sadak Yojna District Surajpur vide tender accepting order dtd. 26/4/2008 and thereafter agreement was executed on 14/5/2008 for the tender valued 1465.40 Lakhs. In the construction, the contractor submitted the forged bill of Bitumin Emulsion and received huge amount. He has also submitted details of the bill. As per the complaint, the contractor has not used these materials and submitted forged bills, therefore, committed offence as mentioned in the complaint. It has also been contended by the complainant that the public servants without discharging their responsibility by verifying the same have misused their post and also committed the breach of trust, involved in criminal conspiracy, therefore, they have released the payment treating the bill as true and correct. There is, prima facie, evidence available on record that the contractor and public servants have committed criminal offence and have caused loss to the exchequer. He would submit that against the applicant and other accused persons offence under Sec. 420, 467, 468, 409, 471, 477-A IPC read with Sec. 34, 120B IPC has been registered and police were directed to investigate the matter and submit final report before the court for further trial of the case.

(3.) The complainant has submitted his affidavit on 31/8/2015 before the learned Chief Judaical Magistrate, on the same date, counsel for the petitioner -M/s Ramavtar Agrawal Construction company submitted reply to the complaint. Learned Chief Judicial Magistrate as per the provisions of Sec. 156(3) of the Cr.P.C. has observed that since the complaint has not been registered, therefore, there is no occasion for the accused to appear before the Court and to make submission. Thereafter, the case was fixed for 21/9/2015. On 21/9/2015, the matter could not be heard and adjourned to 9/10/2012. On 19/10/2015, arguments were heard and fixed the case for order on 5/11/2015. Considering the materials placed on record he has passed the following orders:-