GOVIND PRASAD JAISWAL SON OF LATE RAGHHAV CHOUDHARY RESIDENT OF POLAT OFFICE & P.S. Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) These applications have been filed under Sec. 482 of the Code of Criminal Procedure (for short 'Cr.P.C.) for quashing the order dated 24th May, 2013 passed by the learned Judicial Magistrate 1st Class, Gopalganj in G.R. No. 2098 of 1997/ Trial No. 712 of 2013 arising out of Mohammadpur P.S.Case No. 90 of 1997 by which the petitions for discharge filed by the petitioners under Sec. 239 of the Crimial P.C. have been dismissed.

(2.) The aforesaid case was instituted on the basis of the written report of Sub Divisional Officer, Gopalganj dated 27th Nov., 1997 addressed to the Officer-in-Charge, Sidhwalia Police Station, Gopalganj. It has been alleged in the written report that on 28th Oct., 1997 the lintel of the partially constructed building of Primary School, Sidhwalia, Karimpur fell down as a result of which one child, namely, Dinesh Patel died. On the direction of the Deputy Development Commissioner, Gopalganj, the informant Sub Divisional Officer, Gopalganj made inspection of the said building on 8th Nov., 1997. He learnt from the villagers that in the partially constructed building of the school the children including Dinesh Patel had gone to play in the evening at the time of sunset. While he was playing in the school building, the lintel over the window fell down as a result of which Dinesh Patel died. It further transpired during inspection that the building was being constructed under Scheme No. 5 of 1996-97. The estimated money to be spent for the said construction was Rs.75,000.00 out of which the agent Bhagya Narayan Ram was granted Rs.7,500.00 by way of first instalment of advance. Subsequently, he was paid Rs.15,000.00 as second instalment of advance. It is also stated in the FIR that in another Scheme being Scheme No. 6 of 1996-97, another room was being constructed by another agent Nand Kumar Singh for the estimated cost of Rs. 69,800.00 and the said agent was also paid Rs.22,500.00 by way of advance in two instalments like the agent Bhagya Narayan Ram. Both the Schemes, i.e. Scheme No. 5 of 1996-97 and Scheme No. 6 of 1996-97 were under the Jawahar Rojgar Yojna. It also transpired that one wall was common of the ongoing two rooms under construction and the room, which was being constructed by the agent Bhagya Narayan Ram, fell down as a result of which Dinesh Patel, the boy, died.

(3.) It has been further alleged that during the course of spot inspection of the room constructed under the first Scheme, it was found that Bhagya Narain Ram had not put the lintel on the entire wall and it was done only above the door and window and above that no wall was constructed. It is further alleged that had the wall been constructed and lintel was constructed throughout the wall, the incident could have been avoided. Lastly, it has been alleged that the said Scheme has not been supervised by the Junior Engineer, Assistant Engineer and the Block Development Officer otherwise the accident would not have occurred.