S L YADAV Vs. JAGDISH PRASAD DWIVEDI

JUDGEMENT

(1.) Applicants have filed this petition under Section 482 of the Code of Criminal Procedure for quashing proceedings of Criminal Complaint No. 218/01, filed by non-applicant against them and the order dated 13.7.2001, passed by Judicial Magistrate First Class, Mauganj, district Rewa, taking cognizance against them under Section 294, 501 (1), 166, 467, 468, 420, 323 and 120-B of IPC.

(2.) Facts of the case are that at the time of incident i.e. on 20.2.2000, applicant No.1 S.L. Yadav was the Chief Engineer, PWD, applicant No. 2 B.C. Khare was the Executive Engineer, PWD, applicant No. 3 K.L. Jindwani was the Sub Divisional Officer, PWD and applicant No. 4 Ram Shankar Tiwari was the Sub Engineer, PWD, in Sub Division, Mauganj, district Rewa. Nonapplicant/ complaint's son Vijay Shanker Dwivedi was employed as labourer in PWD since 1985. On 21.6.1991 he was promoted to the post of Time Keeper and was posted at Toll Tax Barrier, Shahpur. On 30.4.1992 former Executive Engineer had removed him from service without any written order. On 30.4.1993, he was reappointed, but on 22.6.1995 he was again removed. Vijay Shanker Dwivedi had filed a petition before the Labour Court, Rewa, for his appointment on the post of Time Keeper, wherein by order dated 3.4.1995 he was ordered to be reinstated on the post of Time Keeper. According to facts mentioned in the complaint, on 20.2.2000 at about 4 O' clock in the evening complainant went to Hanumana Rest House, where applicants/accused were present. The Sub Divisional Officer, K.L. Jindwani, told him that by the orders of the Government, the employees who were appointed after 31.12.1988 were to be discontinued. If he wanted his son to continue in the job, he should give Rs. 50,000/-for senior officers. When he expressed inability to give money and made request to the Chief Engineer and Executive Engineer, both of them asked him to obey the instructions given by SDO. It is said that on his refusal to give Rs. 50,000/-, SDO K.L. Jindwani terminated the services of Vijay Shanker by letter No. 1152 dated 21.12.1999.

(3.) Complainant examined himself under Section 200 of Cr.P.C. and produced Vasudeo and Ram Kripal as his witnesses.