MAHENDRA SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties through video conferencing.

(2.) This criminal revision is directed against the order dtd. 26/11/2019, passed by the learned Special Judge (A.C.B.), Dhanbad in Spl. Case No. 04 of 2018 in M.C.A. No. 1763 of 2018 whereby and where under the learned court below has rejected the prayer of the petitioner for discharge in this case.

(3.) Mr. Ashok Kumar Jha, learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner in capacity of Block Education Extension Officer, Bermo was caught red handed in a trap while receiving the bribe amount of Rs.40,000.00 for releasing the bill of the complainant regarding the supply of uniform. It is next submitted by the learned counsel for the petitioner that the learned court below failed to consider that the petitioner as a Block Education Extension Officer, Bermo has no role to play in purchasing the uniform for the students of the school rather the School Managing Committee was the concerned authority and the Purchase Committee duly constituted by the School Managing Committee is responsible for purchase of the uniform and the accounts for such purchase is managed by the Headmaster and Chairman/Vice-Chairman of the School Management Committee. It is then submitted that the petitioner has no role in purchase of the said uniform and he was not in a position to gratify the complainant, therefore the whole allegation against the petitioner is false and concocted. It is next submitted that the learned court below ought to have discharged the petitioner. Hence, it is submitted by the learned counsel for the petitioner that the impugned order be set aside and the prayer of the petitioner to discharge him from the case be allowed.