BANSIDHAR SWAIN Vs. STATE

JUDGEMENT

(1.) Aggrieved by the order dated 22-6-90 of the Sub-Divisional Judicial Magistrate, Anandapur, taking cognizance of an offence under S. 409, IPC, the petitioner has approached this Court invoking the inherent power of the Court under S. 482, Cr. P.C.

(2.) The Executive Engineer, Anandapur Barage Division, lodged an information with the Officer-in-Charge, Soso Police Station in the district of Keonjhar alleging that the present petitioner while working as the Assistant Engineer at the relevant time along with another Executive Engineer and Junior Engineer committed an offence of criminal breach of trust in respect of different amounts mentioned in the FIR dated 19-3-89. The FIR discloses that an amount of Rs. 50,00,000/- was allotted to Anandapur Barage Division, Bidyadharpur for utilising the fund for the purpose of the work in the said division during 1987-88. The Executive Engineer in his FIR pointed out that the petitioner in his capacity as an Assistant Engineer executed unauthorised and unidentified works in respect of the fund granted for draught work. He made payment without proper instruction, supervision and check-measurement of work in respect of Rs. 1,93,142/- meant for 'Bed Clearance of Anandapur Main Canals', incurred expenditure of works for which there was no estimate, made payment on measurements of the different works and consequent payments thereafter without taking levels. Besides all these, it was alleged that there was an unauthorised and excess expenditure in respect of another sum of Rs. 1,02,946/-. The details of the irregularities in respect of the above amount were mentioned in the FIR which are not necessary for this Court to mention in detail. In respect of the work for Rs. 4,12,291/- on measurement the actual work executed was only for Rs. 2,30,693/-. Therefore, there was an allegation that the petitioner was responsible for excess expenditure of Rs. 1,93,142/-. After giving the details of the amount so irregularly and/or unauthorisedly spent, the Executive Engineer in his concluding para of the FIR mentioned that during the execution of the above work, the petitioner misutilised the government money violating 'Codal Procedures'. The petitioner acted illegally and the above amount entrusted to him was spent illegally i.e. without taking levels, without obtaining necessary sanction of estimates, not following the rules and the guidelines of the department and not obtaining the signature of the Contractor in the measurement book etc.

(3.) Mr. S. B. Das, learned counsel appearing for the petitioner, submitted that in the absence of any allegation of entrustment of funds to the petitioner, the question of misappropriation does not arise. Mr. Das drew the attention of this Court to the facts stated in the FIR and submitted that the FIR itself does not disclose any misappropriation whatsoever. Mr. J. M. Mohanty, learned Additional Standing Counsel appearing for the State, on the other hand, submitted that there has been misappropriation of huge government money and taking of cognizance by the Magistrate is not in any way bad in law.