SHANKAR PASWAN, Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties through video conferencing.

(2.) This Cr.M.P. has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash the F.I.R. registered by A.C.B. as A.C.B. Dumka P.S. Case No.06 of 2019 as well as the letter No.1233 dated 13.08.2019 issued by Vigilance Department, Government of Jharkhand by which the sanction for registration of F.I.R. was granted and to quash the entire proceedings against the petitioner on the basis of the said F.I.R.

(3.) Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has misappropriated Government money by cancelling the agreement and re-tendering the same. It is also alleged that the contractor who is the co-accused, had deposited Rs.3,35,000/- in the joint account of the petitioner and his wife namely Indu Devi as bribe amount towards release of the amount of Rs. 30,00,000/- to the co-accused contractor, who was entrusted the work of Godda District Rural Water Scheme at Pathargama with an estimated cost of Rs.2,96,29,400/-, village water supply project in Basantrai in Godda District with an estimated cost of Rs.66,95,300/- and Mahagama water supply project with an estimated cost of Rs.4,58,70,000/- though the co-accused contractor did not complete the work. It is also alleged that as the co-accused contractor did not complete the work within the stipulated time of two years in Mahagama water supply project, the petitioner extended the period of work but the co-accused contractor did not complete the work even within the extended period. Even after reminder being given by the Executive Engineer, Drinking Water and Sanitation Department, Godda, the co-accused contractor did not complete the work. Later on it was found that Rs.30,00,000/- was to be paid to the co-accused contractor with respect to Pathargama Water Supply Project and the co-accused contractor- Sanjiv Kumar was repeatedly requesting the petitioner for payment of the same. The petitioner recommended for the payment of the said amount to the co-accused contractor and the petitioner also requested for allotment of Rs.30,00,000/- to be paid to the co-accused contractor- Sanjiv Kumar. During the verification it became crystal clear that for receiving the payment of Rs.30,00,000/- by the co-accused, the petitioner made the co-accused to deposit Rs.3,35,000/- on 02.08.2011 in the joint account with the petitioner and his wife namely Indu Devi in S.B.I. Dumaria Branch and the said amount was the bribe amount. After intense verification and collection of evidence, the F.I.R. has been lodged after taking the sanction for lodging the F.I.R. by the competent authority being the Government of Jharkhand on 13.08.2019 and the F.I.R. has been lodged on 21.08.2019 against the petitioner and the co-accused contractor.