DILIP KUMAR SINGH Vs. STATE

JUDGEMENT

(1.) THIS is an application under section 482 of the Code of Criminal Procedure for quashing the entire criminal proceeding in C.B.I. (R.C.) Case No. 24 of 1989 under sections 420 read with section 120B of the Indian Penal Code and section 5(1) (d) of the Prevention of Corruption Act, 1988. The petitioner also prayed for quashing the order dated 4.2.1998 passed by the Special Judge C.B.I., South Bihar, Patna, whereby he dismissed the application of the petitioner for discharging him in the aforementioned case.

(2.) I have heard Mr. Abhay Kumar Singh, Senior counsel appearing on behalf of the petitioner and Mr. Rakesh Kumar, counsel appearing for the C.B.I.

(3.) BEFORE appreciating the submissions of the learned counsel it would be appropriate to look into the facts of the case. The prosecution story is that one S.C. Rampal, Lt. Commander at C.O. 1, Bihar Naval Unit, N.C.C. Patna, during the period 1986 -87 entered into a criminal conspiracy with Brig. PS.Dindra and his successor Sh. V.K. Kapoor and M/s. S.N. Traders and others causing misappropriation of Rs. 14 lakhs on the pretext of construction of Naval facilities at Patna for the N.C.C. During investigation it revealed that the Bihar Government sanctioned Rs. 6.50 lakhs to Patna N.C.C. for construction of Naval Jetty, Boat House and other facilities. The construction was to be taken by the Bihar P.W.D., but S.C.Rampal floated NIT for the purpose of project through RW.D. It was alleged that in conspiracy with others, S.C. Rampal awarded contract to the higher bidder. The investigation further revealed that the petitioner who was working as Executive Engineer, Building Construction Department, Govt.