VIMALBHAI PARSHOTTAMBHAI KATHIRIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application under Section 482 of the Criminal Procedure Code, the petitioner original accused No.3 Contractor of Gujarat Water Supply and Sewerage Board (for short Sthe Board ) has prayed for an appropriate order to quash and set aside the Criminal Case being Criminal Inquiry No. 3 of 2006 pending in the Court of learned Special Judge, Amerli for the offence punishable under Sections 406, 409, 420, 465, 468, 471, 477-A and Section 120-B of the Indian Penal Code (for short SIPC ) read with Section 17, 12 and 13(c)(d) of the Prevention of Corruption Act, 1988 (for short Sthe P.C. Act, 1988 ).

(2.) A Criminal complaint being Criminal Inquiry No. 3 of 2006 is filed by the Executive Engineer of the Board in the Court of learned Special Judge, Amerli against the petitioner and two other co-accused for the offence punishable under Sections 406, 409, 420, 465, 468, 471, 477-A and Section 120-B of the IPC read with Section 17, 12 and 13(c)(d) of the P.C.Act, 1988. It is alleged in the said complaint that original accused No.1 was the Deputy Executive Engineer and original accused No.2 was also Officer of the Board and the petitioner herein accused No.3 was contractor. It is further alleged in the complaint that the work order was given in favour of the petitioner without following any procedure and without inviting tenders. It is also further alleged in the said complaint that all the accused in connivance with each other and with a view to defraud the Board and with a view to misappropriate Rs.28,48,723/- have created bogus bills; and that the petitioner herein accused No.3 has not done any work, the Officers of the Board have created bogus bills by noting false measurements and accused Nos. 1 and 2 have passed the bill in favour of the petitioner. It is alleged in the complaint that bogus documents have been created and false accounts have been prepared and for the work that was not carried out, it was recommended to pay the bills. That the learned Special Judge, Amerli by his order dated 19.10.2006 passed an order to send the matter to the Police Inspector (ACB), Amerli for making inquiry under Section 156 (3) of the Criminal Procedure Code (for short SCrPC ) . Being aggrieved and dissatisfied with the same, the petitioner original accused No.3 Contractor has preferred the present application under Section 482 of the CrPC to quash and set aside the aforesaid complaint.

(3.) Mr. Mangukiya, learned Advocate appearing on behalf of the petitioner has submitted that as there was emergency work related to flood reliefs, procedure as per the manual was not required to be followed before inviting tenders and therefore, tenders were not invited considering the emergency work and it cannot be said that any offence has been committed by all the accused persons. He has further submitted that even the complaint is based beyond the records. He has submitted that even the pipes were damaged and the same is not disputed. It is further submitted that at the most, it can be said to be irregularity by the Officers. It is further submitted that even the draft tenders papers was signed by the Executive Engineer who has approved the work under the work order. Mr. Mangukiya, learned Advocate appearing on behalf of the petitioner has relied upon the documents annexed with the application in support of his submission that the petitioner has not committed any offence as alleged. Therefore, it is requested to allow the present application and quash and set aside the impugned complaint.