VADDE BALAJI Vs. STATE OF A.P.

JUDGEMENT

(1.) In this petition filed under Section 482 CPC by the petitioner/A3 seeks to quash the proceedings against him in C.C.No.5/2010 on the file of the learned Principal Special Judge for CBI cases, Visakhapatnam, wherein cognizance was taken against the petitioner/A3 for the offences under Sections 120-B, 420 and 477(A) IPC.

(2.) The brief facts of the prosecution case, so far as they relate to the petitioner/A3 are that the petitioner/A3/Vadde Balaji, who is a Railway Contractor, Vuyyuru entered into the agreement No.05/Sr.DEN/Co-ord/BZA, dt. 04.01.2005 for supplying and laying of 150 mm CI pipe line. The work involved repairs to sewage pipes from drainage pump house to septic tanks along with type-I Quarter Nos.132 to 137 and type-III Quarter Nos.119 to 121 at Wagon Work Shop, Rayanapadu. A1 is the Senior Section Engineer, Water Works, Rayanapadu working under the Senior Divisional Engineer, Co-ordination, Vijayawada, South Central Railway and A.2 was the Divisional Engineer, Buildings, South Central Railway, Vijayawada. It is alleged that the A1 to A3 conspired together and in pursuance thereof, A3 fraudulently claimed to have laid more length of pipe line than actually laid. This false measurement in the pipe line was fraudulently and dishonestly accepted by A1 and A2 and the same was reflected in the relevant measurement book (M-book). Basing on the said false measurements, the Railway Authorities had made payment of Rs.6,01,248/-, which was in excess to the work performed by A3 and thus, A3 had wrongful gain.

(3.) It should be noted that it is also the case of the prosecution that A4 to A6, who are also Contractors, entered into different agreements with South Central Railway to perform different works. It is alleged that A1 and A2 have also conspired with them and facilitated them to have wrongful gain.