TULARAM NAYAK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ application is directed against the order dated 30.7.2009 passed by the Sub-divisional Judicial Magistrate, Dhanbad in connection with Baghmara (Madhuvan) P.S. case No. 99 of 2007 (G.R.No. 1417 of 2007) whereby and whereunder an application filed for discharge under Section 239 of the Code of Criminal Procedure was rejected.

(2.) The facts giving rise this application are that the informant, Vijay Kumar, an employee of Maheshpur Colliery when went to G.P.F office, Dhanbad on 13.4.2007 to know as to how much amount is deposited in the provident fund account, he was surprised to know that the entire provident fund amount to the extent of Rs. 3,46,000/- belonging to him and also a sum of Rs. 5,57,000/- belonging to his colleague Sasank Prasad had been withdrawn by someone by showing both of them as retired. Therefore, he submitted a written report to the local police suspecting involvement of so many accused persons including the employees/officers of the C.M.P.F office, Bank Officials etc. On the basis of said written report, a case was registered as Baghmara (Madhuban) P.S. case No. 99 of 2007 under Sections 409, 420, 120B of the Indian Penal Code.

(3.) During investigation it was detected that in similar fashion provident fund of other employees of the B.C.C.L had already been siphoned off by the accused persons.