PRABHA SHANKAR DUBEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD Mr. P.C. Tripathy, learned Sr. counsel for the petitioners and Mr. Pankaj Kumar, learned counsel for the State.

(2.) IN this application the petitioners have prayed for quashing the entire criminal proceeding in connection with Balumath P.S Case no. 23 of 2007 corresponding to G.R. no. 180 of 2007 including the order dated 19.10.2013 passed by the learned Sub Divisional Judicial Magistrate, Latehar, whereby and whereunder cognizance has been taken for the offence punishable under sections 409, 420, 467, 468 and 471 of the Indian Penal Code.

(3.) THE prosecution story in short is that one Sri Prakash Ram lodged a case in the Balumath Police Station stating therein that under Balumath Block Irrigation Scheme in Besra (Pargarha) was entrusted to Junior Engineer Sri Diwakar Mishra (P.W. -2), Assistant Engineer Sri Prabha Shankar Dubey (P.W. -1) and Executive Engineer Sri Madan Prasad Singh who have wrongly measured the work done worth Rs. 1,17,000/ - when in course of inspection on 28.04.2007 it was found that only 10 -12 Chouki of soil has been cut. It was therefore alleged that the entire amount was embezzled by the accused persons leading to institution of Balumath P.S. case no. 23 of 2007. Investigation culminated in submission of charge -sheet pursuant to which the learned Sub Divisional Judicial Magistrate, Latehar was pleased to take cognizance vide order dated 19.10.2013 for the offence punishable under sections 409, 420, 467, 468 and 471 of the Indian Penal Code.