LAWS(CAL)-1997-8-17

BIPLAB CHANDRA DUTTA Vs. STATE

Decided On August 08, 1997
BIPLAB CHANDRA DUTTA Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This application under S. 482 of the Code of Criminal Procedure is directed for quashing of investigation in connection with G.R. Case No. 292, pending before the Court of the Ld. Sub-divisional Judicial Magistrate, Sadar, Krishnagar, District Nadia, arising out of Kotwali Police Station case No. 69 of dated 11-3-1997 u/S. 406, IPC.

(2.) The petitioner Biplab Chandra Dutta is a contractor and executes works of construction in different departments of the State of West Bengal.

(3.) On 11-3-97 one H. Rahaman, Secretary, Nadia Zilla Parishad lodged a First Information Report with the officer-in-charge, Kotwali Police Station alleging inter alia that the petitioner was engaged as contractor for construction of the V.I.P. Hostel Building at the State Institute of Rural Development, Kalyani, in 1987 and accordingly a work agreement was signed between the petitioner and the complainant and the petitioner took supply of departmental materials viz. cement, mild steel worth Rupees 48304/- free of cost but the petitioner did not utilise those materials for the above work and even did not turn up at the work site with the said materials and did not complete the work and the petitioner escaped with those materials and as such the petitioner committed offences for breach of contract and causing financial loss to the Nadia Zilla Parishad.