DAYA RAM Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These two revisions by different set of accused persons have been filed challenging the order dated 19-6-97 passed by Sri P. K. Gupta, First Additional Judicial Magistrate Civil Judge, Junior Division, Rampur summoning the revisionist and others under Ss. 409 and 468, IPC.

(2.) Opposite party No. 2 in the aforesaid revisions namely, Riyasat Khan alias Putti Khan filed a complaint against 30 accused persons, all Engineers in the U.P. Public Works Department, said to be posted at Rampur at the relevant time, for commission of the Offences under Ss. 467/468/471 and 409, IPC. The allegations made in the complaint were that the accused persons are government servants in Division I and II of the P.W.D. They have committed irregularities and thereby misappropriated government funds and prepared false records, details of which will be given at the relevant time. During the financial year ending March, 1997 several lakhs of Rupees were drawn from government exchequer and fictitious expenditure was shown and entries were made in the ledger. During the year 1996-97 false muster-roll of Daily Wagers was prepared in respect of Rampur-Swar-Bajpur road and Swar Milak Khanam Road. The earth work shown on Khaud-Tanda road is also fictitious. A road between Gandhi Samadhi to Mandi Samiti was broadened but the amount relating to the laying of 'Kharanja' has been misappropriated. Some other instances of similar nature were mentioned in the complaint.

(3.) Before the learned Magistrate the complainant examined himself under S. 300, Cr. P.C. and also summoned certain papers from the Public Works Department, Rampur. The learned Magistrate after perusing the material on record summoned 29 accused persons except Sri Vijay Singh Verma, Superintending Engineer. It is this order which is being challenged in the present revisions. Criminal Revision No. 766 of 1997, has been filed by all accused persons, namely, Sri Daya Ram, Assistant Engineer, Sri R. M. Gupta, Assistant Engineer, Sri P.C. Mishra, Sri C. K. Saxena, Sri B. B. L. Verma, Sri V. K. Saxena all Junior Engineer, Sri P. K. Banerji, Executive Engineer. Sri Rajesh Kumar, Assistant Engineer, Sri Param Singh, Sri I.M. Ansari and Sri Arvind Kumar Gupta, all junior Engineers. Criminal Revision No. 767 of 1997 has been filed by 8 accused persons, namely, Sri Tara Chand Gupta, Executive Engineer, Sri Abid Hussain, Assistant Engineer, Sri Pramod Kumar, Assistant Engineer, Sri Rajvir Singh, Sri Param Singh, Sri D. K. Rastogi, Sri Mahendra Singh and Sri Balram Singh, all junior Engineers.