RAJESHWAR DAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS application has been filed for quashing of the order dated 2.6.2011 passed by the learned Chief Judicial Magistrate, Gumla in connection with Gumla P.S case no.316 of 2008 (G.R.No.1073 of 2008) registered under Sections 467, 468, 406, 420, 419/34 of the Indian Penal Code whereby and whereunder he accorded permission to the Investigating Officer to go for further investigation of the case. Before coming to the issue involved in this case, case of the prosecution needs to be taken notice of.

(2.) A case was lodged by the Block Development Officer, Bharno stating therein that one Devendra R. Purohit, one of the partners of M/s. Brahman and Firm and Resarch Centre, Jamshedpur entered into an agreement with the District Administration, Gumla whereby said Devendra R. Purohit was supposed to grow Safed Musli for commercial purposes over the land of 34 beneficiaries situated at village Kolebira and Chatakpuri under Gumla Block and against the estimated amount a sum of Rs.83,94,277/ -was released in his favour. Under the agreement, Devendra R. Purohit was supposed to sell it after three years for the benefit of the beneficiaries but during enquiry held by a committee, Safed Musli was never found to have been grown on the plots which were there under the agreement and thus, it was alleged that the said Devendra R. Purohit breached the terms and conditions of the agreement and misappropriated the amount, upon which, a case was registered as Gumla P.S. case no.316 of 2008 under Sections 467, 468, 406, 420, 419/34 of the Indian Penal Code against the Devendra R. Purohit.

(3.) HOWEVER , supplementary charge sheet was submitted against Denial Ekka. Thereupon Superintendent of Police, Gumla, vide its letter as contained in Memo No.845/CR dated 1.6.2011 directed the Investigating Officer to file an application before the Chief Judicial Magistrate for having permission for further investigation. Accordingly, the Investigating Officer filed an application on 2.6.2011 wherein prayer was made to accord permission for reinvestigation of the case. On that application, the Chief Judicial Magistrate, Gumla vide its order dated 2.6.2011 accorded permission to the Investigating Officer to reopen the case for further investigation under Section 173(8) of the Code of Criminal Procedure. That order is under challenge.