KRISHNA MURARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned counsel for the Vigilance.

(2.) The petitioner has filed this criminal miscellaneous petition for quashing the F.I.R. and the entire criminal Proceeding in connection with Ranchi Sadar Vigilance P.S. Case No. 61 of 2010 dated 30.11.2010 corresponding to Special Case No. 78 of 2010 for the alleged offence under Sections 409, 420, 406, 504, 506, 120B, 467, 468, 469 and 471 of the Indian Penal Code read with Section 13 (1) (c ) and 13(2) of the Prevention of Corruption Act, which is pending in the Court of Sri B.K. Khan, the Special Judge, Vigilance, Ranchi.

(3.) The learned counsel of the petitioner submits that the prosecution case as it appears i.e. written report dated 26.11.2010 alleging therein that pursuant to the direction of the Vigilance Commissioner as contained in letter no. 1027 dated 17.8.10, the following facts have come to light against Lalan Kumar Choudhary and others for misappropriation of the Government Money. It has been alleged that in the year 1994 Zila Parishad, Hazaribagh was made available through the authority level an amount of Rs. 178 Lakhs for the schemes for road construction. The said work was got executed through the Zila Parishad, Hazaribagh and an enquiry was conducted by the then Commissioner, North Chhotanagpur Division Hazaribagh and according to the said enquiry report the Government after analyzing found that an amount of Rs. 23,44,848.00 (given for the purpose of Road Construction) has been misappropriated by the then Executive Engineer-cum District Engineer, Zila Parishad, Assistant Engineer, Building Division, Hazaribagh, Assistant Engineer, Zila Parishad Hazaribagh, Junior Engineer, Zila Parishad Hazaribagh and the petitioner being the Junior Engineer, Zila Parishad Hazaribagh and thereafter in the light of the direction given by the Special Secretary the Department Rural Development Bihar, Patna vide letter dated 3.7.96 and 30.7.96 for the aforesaid misappropriation a case has been lodged against the accused persons including the petitioner under Sections 409, 420, 406, 504, 506, 120B, 467, 468, 469 and 471 of the Indian Penal Code read with Section 13 (1) (c) and 13(2) of the Prevention of Corruption Act. i.e. Hazaribagh Sadar P.S. Case No. 256 of 1996 dated 3.8.96.