SUBRATO SHAHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criminal Procedure for quashing the criminal prosecution, charge-sheet dated 21.2.1984 and the order of taking cognizance dated 22.2.1984 passed by the Special Judicial Magistrate, Ranqhi in Crime case No. 8/81 under Sections 120-B, 420, 468 and 471 of the Indian Penal Code against the petitioner.

(2.) The short facts giving rise to the present case are as follows :

(3.) According to the F.I.R. lodged by the Inspector, C.B.I. on 29.8.1981, the prosecution case, in short, is that the petitioner, at the relevant time, was working as Assistant Accounts Officer, Branch Sales Office, Central Marketing Organisation/Sail Bokaro. It is alleged that he had entered into criminal conspiracy with Shri Ram Sharma and others and acted for Branch Manager, allotted various items of steel materials worth Rs. 67,520.21 paise to M/s. India Metal, Rosera, Samastipur, a non-existing firm during the year, 1980. It is alleged that supply was made on the basis of a fictitious Essentiality certificate issued by the Manager, Irrigation Department, Darbhanga on 4.12.1979. It is alleged that thereby the Steel Authority of India was cheated by use of forged document as genuine knowing the same to be forged.