DEVENDRA KUMAR DAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) FROM the office note it does appear that in spite of notice being served upon O.P. No.2, he did not chose to appear in this case. Accordingly, heard the matter on its merit.

(2.) SINCE , both the matters arise out of the same cases, both were heard together and are being disposed of by the common order. The aforesaid two applications have been filed on behalf of the petitioners for quashing of the entire criminal proceeding of C.P. Case No. 30 of 2009, including the order dated 05/08/2009, whereby and whereunder the then S.D.J.M., Dhanbad, took cognizance of the offences punishable under Sections 420, 406, 409 and 120 B of the Indian Penal Code against the petitioners and others.

(3.) MR . R.S.Mazumdar, learned senior counsel appearing for the petitioners submits that petitioner Devendra Kumar Das had never been posted as Dealing Clerk at Mudidih Branch of the Office of the Regional Commissioner, Coal Mines Provident Fund, Region D II, Dhanbad, rather he was posted over there on 21st August 2008 vide Office Order No. 21/2008, which has been annexed as Annexure 2 and, therefore, in the event that when the petitioner Devendra Kumar Das had never been posted there at Mudidih Provident Fund Office from 12/09/2005 till December 2007, question of committing offence by him never arise and thereby the Court has committed illegality in taking cognizance against him. Learned counsel further submits that so far as petitioner Satya Narayan Prasad is concerned, he happened to be a Dealing Assistant in the said office but he had never been made accused by name, still cognizance of the offence has been taken presumably for the reason that he had forwarded the documents relating to transaction to his higher officers, which itself does not make out any offence under which the cognizance has been taken.