ARUN CHARAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole petitioner, who was Executive Engineer in the Water Resources Department, Govt. of Bihar, has approached this Court, while invoking its inherent jurisdiction under Section 482 of the Code of Criminal Procedure, with a prayer to quash an order dated 26.2.2000 passed by the learned Chief Judicial Magistrate, Begusarai in Barauni P.S. Case No.13 of 1993. By the said order ,i.e. order dated 26.2.2000 the learned Magistrate has taken cognizance of offences under Section 467, 468, 420 and 120 B of the Indian Penal Code.

(2.) Short fact of the case is that an agreement was entered in between M/ S Barauni Tiles and the State Bank of India, Baranui Fertilizer Township Branch , Begusarai . As per the agreement, the payment of M/S Barauni Tiles for supply of Tiles to the Irrigation Department of Galudih Division was required to be made through Bank, but subsequently the Executive Engineer, Minor Distribution Division Galudih, Ghatshila made direct payment of Rs.6,39,307.00 to M/S Barauni Tiles and, as such, the Bank had suffered a loss. On the basis of written report of the Bank Officer, an F.I.R. vide Barauni P.S. Case No. 13 of 1993 was registered against partners/proprietors of M/S Barauni Tiles ,i.e. five named accused persons and the Executive Engineer, Minor Distribution Division Galudih, Ghatshila by his post.After registering F.I.R., police submitted chargesheet against all private persons including the petitioner.

(3.) Aggrieved with the order of cognizance, the petitioner approached this Court by filing the present petition, which was admitted on 7.8.2002. While admitting, it was directed that pending final hearing of this application, the interim order dated 9.7.2002 shall remain stayed. In this case by order dated 9.7.2002 while granting order of stay case diary was called for and the same has been received, which is lying with the record of the case.