SHYAM DAS SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The Petitioner has invoked the inherent jurisdiction of this Court for quashment of the order impugned dated 17.2.2010 passed by the Additional Sessions Judge, FTC-I Garhwa in Criminal Revision No. 12 of 2007 by which the discharge petition of the Petitioner rejected by Sri. T. Hassan, Judicial Magistrate, 1st Class Garhwa in G.R. No. 289 of 1997 was affirmed and the revision was dismissed.

(2.) The prosecution story as it stands in the written report of the Block Development Officer, Garhw, presented before the Garhwa police was that as against the Scheme No. 1 of 1990-1991 Rs. 3,65,000/- was estimated to be the cost for the construction of Gowawal High School Dhumria and the work in the first phase was allotted to one Jadunandan Dubey who did the work in part by 24.9.1991 worth Rs. 1,10,250/- but its cost was assessed Rs. 1,09,700/-. Finding certain slackness on his part, remaining part of the work was assigned to another person, Rajendra Jha as against revised estimate of Rs. 4,01,500/-.He received a sum of Rs. 2,93,050/- and work done by him was estimated to Rs. 3,10,725/- which was entered into measurement book. After sometime the work of the construction of the school building was supervised by the Executive Engineer, N.R.E.P. Garhwa on 15.1.1996 and he put his comment on the measurement book that unless the work and quality of the construction of the building were improved, no final payment should be made. After sometime, the construction work of the school building was inspected by the Executive Engineer(vigilance) and he observed that there was error in the construction of the building since not in consonance with the nature of the land. After a few months the Executive Engineer N.R.E.P. Garhwa reported the Deputy Commissioner, Garhwa and the informant that there was crack in the newly constructed building of the school and therefore, the students should not be allowed to study in the newly constructed building. The building was inspected by other authorities also and the complaint was found true. On the direction of the Deputy Commissioner, Garhwa the informant B.D.O lodged the case alleging that poor quality of materials were used in the construction of the school building by the contractors Jadunandan Dubey, Panchayat Sewak and Rajendra Jha Jansewak Garhwa. Similarly, the Petitioner Shyam Das Singh the then Junior Engineer and Lakshmi Narayan Prasad the then Assistant Engineer N.R.E.P. Garhwa had also in prosecution of criminal conspiracy embezzled the public money to the tune of Rs. 4,03,330/- by recording measurement and cost of the construction at the inflated rate and thereby making false entry in the measurement book.

(3.) On the basis of the written report Garhwa P.S. Case No. 86 of 1997 was registered for the alleged offence under Sections 406/409/420/120B of the Indian Penal Code. The police after investigation submitted charge sheet and accordingly cognizance of the offence was taken against the Petitioner and others. The Petitioner with another then preferred a petition for discharge which was rejected by the order impugned dated 16.9.2002 by the court of Sri. S.B. Ojha, Judicial Magistrate, Ist Class Garhwa.