BHAGAT RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Bhagat Ram, petitioner, while working as contractor under some contract obtained from the Punjab Agricultural Marketing Board, Bathinda, is alleged to have misappropriated certain quantity of cement entrusted to him by the Department for the construction of a Kisan Bhawan at village Talwandi Sabo. It is further averred that Bhagat Ram had assaulted and caused injuries to Shri Nirandar Singh, Assistant Engineer of the Marketing Board, when the latter objected to the using of sub-standard mixture of cement in the above referred construction. Under these circumstances a case under Sec. 406, 186 and 332 read with Sec. 34 of the Indian Penal Code was registered against Bhagat Ram, petitioner, and one Naresh Kumar.

(2.) The petitioner in this petition filed under Section 481 of the Code of Criminal Procedure seeks the quashment of the above referred complaint and the proceedings resulting therefrom including the summoning order and the order (copy Annexure P2) of the Judicial Magistrate framing charge against the petitioner for the above referred offences, inter-alia on the ground that under Section 195(1) of the Code of Criminal Procedure, cognizance of the offence cannot be taken except on the written complaint of the public officer concerned and that the first information report lodged by Shri Nirandar Singh cannot be said to be a direct complaint filed by him in the Court. It is also maintained that the offence under Section 332, Indian Penal Code, is only an aggravated form of offence under Section 186, Indian Penal Code and that the provisions of Section 195 of the Code of Criminal Procedure also bar the jurisdiction of the Court from taking cognizance on similar round. It is also maintained that it is a case of sale of cement and not a case of entrustment of cement to the contractor.

(3.) In the return filed by Shri Balbir Singh, Inspector of Police, Police Station Rama Mandi, the averments of the petitioner are controverted besides, maintaining that the offence under Section 332 Indian Penal Code, is altogether a different offence than the one under Section 186 of the Indian Penal Code.