SATISH KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) THE applicants have filed this application for grant of protective order in connection with Crime No. 314/2004 registered at P.S. Jivajiganj, Distt. Indore for the offence u/s 420, 467, 468, 471, 408, 409 and 120-B of IPC. It is alleged by the prosecution that the contract was to construct cement concrete road in Ward No. 2, Mahavir Nagar, Ujjain. Contract was given to the contractor Prasanna Chandra Jain but no road was constructed and the applicants have issued verification and completion report on the basis of which the contractor Prasanna Chandra Jain has withdrawn rupees one lac for one road and Rs. 66,200/- for another road.

(2.) THE case has been registered on the basis of the complaint lodged by one of the Councellor of Nagar Nigam. The anticipatory bail application of contractor Prasanna Chandra Jain has already been dismissed by this Court. It is really a very serious matter that for public work, contract was given and no work was performed, even then, the applicants being the Engineer and Overseer, given false and fictitious inspection and completion report in favour of the contractor. This has happened in a town like Ujjain. Therefore, ought we know what will be happening in the villages of remote area.

(3.) IN this view of the matter, no case is made out for releasing the applicants on anticipatory bail. The offence has been registered long back against the applicants. The bail application of co-accused contractor has already been dismissed by this Court vide order dated 5.8.2004. Even thereafter, both the applicants have not been arrested by the police, that shows that the police is giving them latitude to apply for anticipatory bail. Otherwise, there is no reason why both the applicants have not been arrested when they are attending their office and they are shown to be on duty. It is expected from the Superintendent of Police, Ujjain to take care of this matter seriously and if the applicants are not available, the police can proceed as per provision U/Ss. 82 and 83 of the CrPC. This application is dismissed.