PYARE LAL SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) PYARE Lal Sah, at present posted as Executive Engineer, Building Division, P.W.D., Kaimur (Bhabhua) has filed this application for quashing the entire criminal proceeding of Complaint Case No. 214/ 2005, pending in the court of the Chief Judicial Magistrate, Bhabhua, including the order 20.1.2006 passed by him whereby he has taken cognizance against this petitioner under Sections 379, 323 of Indian Penal Code and summons were issued against him for facing trial.

(2.) HEARD learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

(3.) AS per allegation made in Complaint Case No. 214/2005, the complainant Jang Bahadur Singh had gone to the office of the petitioner and made request for payment of his bill for the works done by him as a departmental contractor of P.W.D., which was related to the repairing work of the residence of D.E.O. and some other different works. In all, his claim was Rs. 88,000/ -. The allegation is to the effect that despite the order of Chief Engineer and grant of money receipt, the petitioner was not given contract for repairing of Rampur Pradhan Mantri Swasthya Kendra and on being asked to refund the money in the form of security deposit, the petitioner abused and assaulted the complainant and Rs. 5,000/ - fell down in course of assault which was lifted by the accused persons.