MOHANLAL BANWARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criminal Procedure, 1973. The applicant is seeking quashment of the criminal proceedings filed against him before the learned Special Judge, Bhind as well as order dated 18th August, 2008 passed in Special case No. 01/2008. The respondent/State submitted a charge sheet against the applicant and other co-accused persons for the offence punishable under Sections 420, 477, 120-B, 430 of IPC and Section 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988

(2.) The case of the prosecution in brief is that in-between Bhind and Jamshara, work contract was given to the contractor to lay down the earth work and in this work contract, watering and rolling was not included. The entire payment of the earth work was made to the contractor on 28th April, 1994. Later on, the contractor came in the Office of the Chief Engineer, Public Works Department, Gwalior on 14th October, 1997 and submitted photocopies of certain documents and stated that the work of watering and rolling was also performed by him but the payment has not been made for that work to him. The Chief Engineer, Public Works Department, Gwalior vide letter dated 14th October, 1997 addressed to the Executive Engineer, Public Works Department, Bhind Division, Bhind directed to make payment of watering and rolling to the contractor. Accordingly, payment was made on different dates. The case of the prosecution is that despite no work of watering and rolling was done by the contractor, but, the payment was made to him for that work also and the applicant was also indulged in the activities since he gave test report of watering and rolling of the earth of the site as Laboratory Assistant.

(3.) On filing of the charge sheet against the accused persons including the present applicant, he has been directed to appear before the learned Special Court, hence in this manner this application under Section 482 of the Code of Criminal Procedure, has been filed for quashment of the charge sheet and with a further prayer that the impugned order dated 18th August, 2008 passed by the learned Special Judge be set aside.