NARENDRAPAL KOTADIA Vs. STATE

JUDGEMENT

(1.) BY way of these two petitions under Section 482 of the Code of Criminal Procedure, petitioners seek direction to quash the order dated 20. 10. 2001 passed by the Additional Chief Judicial Magistrate, Dungarpur taking cognizance against them for offence under Section 420, 468 & 471 I. P. C. At the relevant time the first petitioner Narendrapal Kotadia was posted as Executive Engineer, National High Way, Udaipur, second petitioner Pradeep Kumar Assistant Engineer and third petitioner Ashok Kumar as a J. En. In another petition Gumani Ram, Vinod Kumar and Mahendra Kumar are the persons belonging to M/s. G. R. Agarwal.

(2.) BRIEFLY stated the facts of the case are that one Krishan Kumar Gupta a Contractor filed a complaint in the court of Additional Chief Judicial Magistrate, Dungarpur on 2. 5. 2000 stating inter alia that in April, 1998 the Additional Chief Engineer P. W. D. , National High Way No. 8 invited tenders for constructions of the road. The tender of M/s. G. R. Agarwal for a sum of Rs. 77,14,699/- was accepted. As per the terms of the contract the Firm was to undertake the construction work as per the Censor Paver system. However, the company instead of Censor Paver System worked by a simple paver system. Thus, there was a violation of the terms of the tender and thereby earned a substantial amount of Rs. 23,00,000/ -. It is alleged that the officers of the Department in conspiracy with the Contractor deliberately passed bills with a view to grab the public money. The complaint was sent for investigation to the S. H. O. , Police Station Bichhiwada under Section 156 (3) Cr. P. C. After investigation police forwarded a final report. The complainant filed a protest petition. The learned Magistrate after following the procedure provided under Sections 200 and 202 Cr. P. C. by the impugned order has taken cognizance against the petitioners for offence under Section 420, 468 & 471 I. P. C.

(3.) ON overall consideration of the entire matter, I find that the complainant a competitive Contractor has abused the process in filing private complaint against petitioner. It is considered to be a fit case to exercise powers under Section 482 Cr. P. C. to prevent the abused of judicial process at the hands of frustrated and vindictive litigant, by quashing the proceedings.