K K KUMARAN Vs. NABIN CHANDRA THAKKAR

JUDGEMENT

(1.) THE instant application under section 482 of the Code of Criminal Procedure is directed against the proceeding being C.R. Case No. 9 of 1997 under sections 161, 167, 420, 422 of the IPC pending before the Second Court of Judicial Magistrate, Midnapore.

(2.) THE petitioner is working as senior Project Manager, South Eastern Railway, Kharagpore. On 9.12.96, the opposite party filed a petition of complaint in the Court of Chief Judicial Magistrate, Midnapore against the petitioner on the following allegations. The complaint is a registered government contractor and an enlisted contractor of South Eastern Railway. The Chief Project Manager, South Eastern Railway, Gardenreach, Calcutta invited a tender for construction of overhead storage tank and also for sinking deep tube -well at Kharagpore complex. The total estimated amount for the project was Rs. 44, 48, 821. The tender of the complainant was accepted. The complainant had executed a part of the work as per directions given by the petitioner and submitted a bill for Rs. 11,90,000/ - to the petitioner. The petitioner asked for a bribe of Rs. 30, 000/ - which was given by the complainant, but even then the petitioner did not pass the bill. The petitioner asked for payment of ten percent of the bill amount for passing the bill. The complainant refused to make the payment whereupon the petitioner became furious and threatened the complainant with dire consequences. The petitioner fabricated some official papers illegally to cause harm to the complainant.

(3.) THE Ld. Chief Judicial Magistrate, Midnapore was pleased to take cognizance upon that complaint for offences punishable under sections 161, 167, 218, 420, 422 and 120B of Indian Penal Code and transferred the case to the Second Court of Judicial Magistrate, Midnapore for disposal. The transferee court examined the complainant and his witnesses under section 200 Cr. P.C. and was pleased to find a prima facie case under section 161, 167, 420, 422 of the IPC against the petitioner and accordingly, issued warrant of arrest against the petitioner.