JITENDRA PRASAD SHUKLA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioners and learned counsel appearing for the State. This application has been filed for quashing of the order dated 22.8.1998 passed in Special Case No. 42 of 1989, whereby and where under cognizance of the offence punishable under Sections 120(B), 409, 406, 467, 468, 471, 477(A) of the Indian Penal Code and also under Section 13(2), read with Section 13(1)(c) & (1)(d) of the Prevention of Corruption Act 1988, has been taken against these two petitioners.

(2.) It is the case of the prosecution that in spite of sub-standard work being done by the Contractor, petitioner Nos. 1 and 2, who, at the relevant point of time, were posted as 'Executive Engineer' and 'Assistant Engineer' respectively as well as other co-accused persons, paid a sum of Rs. 5,411/- in excess to the Contractor.

(3.) The matter was taken up for investigation. While the matter was under investigation, the Investigating Officer in writing sought for an order of sanction for prosecution from the Secretary, Law and Justice, Govt. of Bihar, who having gone through the materials collected against these two petitioners, did not find prima facie case being made out and hence, refused to grant sanction vide its order dated 22.3.1993 as contained in Annexure-3.