SUBRATO SHABA 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 21-2-84 and the order of taking cognizance dated 22-2-1984 passed by the Special Judicial Magistrate, Ranchi 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: It appears that a First Information Report (Annexure 1) was filed by the Inspector, C.B.I. which resulted in the institution of a Crime Case No. 8/81 under Sectionsl20-B,. 420, 468 and 471 of the Indian Penal Code and the matter was taken up for investigation. Ultimately charge sheet (Annexure 2) was submitted on 21-2-1984 against seven accused persons and, thereafter, cognizance under the aforesaid sections was taken by the impugned order. Out of those seven persons petitioner, Subrato Shaha has challenged his criminal prosecution and the order of taking cognizance against him in this application.

(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.