RAKESH KUMAR Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) A case has been registered vide FIR No. 16 on 19-7-1992 at Chandigarh mainly against Rakesh Kumar partner of M/s Kay Kubeke of Chandigarh for obtaining steel of different diameter in excess of the requirement and not utilising it while building residential quarters for the staff of the Defence Audit Department in Sector 32, Chandigarh. The FIR and the proceedings which have arisen out of it have been challenged by means of the present petition under Section 482 of the Code of Criminal Procedure.

(2.) THE relevant part of the FIR is reproduced as under :-

(3.) IN reply it has been averred that the petitioner contractor cheated the CPWD on 4-3-1922 by returning sub standard steel measuring 9.335 Mt by procuring the same from Industrial Area, Chandigarh, that surprise check was conducted on 13-3-1992 by the CBI and it revealed that there was mis-appropriation of 1991.12 kgs of steel; that the contractor does not become the owner of the steel at any stage and it remains absolute property of the Government according to clause 10 of the agreement.