ABDUS SATTAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State.

(2.) Petitioner has prayed for quashing of order of cognizance dated 9-2-99 for offences under sections 406, 420, 120B of the Indian Penal Code and provisions of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act passed by learned Chief Judicial Magistrate, Katihar in Amdabad PS case no. 102/96, G.R. case No. 2128/96 which is now pending in the court of Special Judge (Harijan Cell), Katihar.

(3.) Learned counsel for the petitioner has submitted that at the relevant time petitioner was posted as Block Development Officer within Manihari Sub- division of Katihar district and the present case was lodged by one Mangal Murmu against two persons including the petitioner with an allegation that on the pretext of supply of bricks for construction of houses under Indira Awas Yojna the accused persons had cheated some members of Scheduled Tribe by an amount of Rs. 54,900/- and they neither repaid the money nor get the bricks supplied to them. According to learned counsel for the petitioner the allegations are only partly correct and the subsequent development wherein money was refunded to the beneficiaries has not been mentioned in the F.I.R and without waiting for such development the investigating officer submitted charge sheet leading to impugned order of cognizance.