VIJAY KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS revision application is directed against the judgment dated 20th July 1995, passed by the Sub -Divisional Judicial Magistrate, Daltonganj in G.R. Case No. 410 of 1994, whereby the learned Sub -Divisional Judicial Magistrate rejected the prayer of the petitioner for discharge for the offence under Sections 409, 420 and 120 of the Indian Penal Code.

(2.) THE facts in short giving rise to this application are that on the report of the Mukhia Ram Pravesh Singh a joint Committee consisting of Pramukh, Panchayat Samiti, Hussainabad. Asstt. Engineer, Vijay Kumar, the petitioner, was constituted to enquire about any irregularity in the construction and payment of construction work of a well under Jawahar Rojgar Yojna. In course of enquiry, it was found actually the depth of the well was found to be 26 ft. only whereas in the measurement book, the Junior Engineer had mentioned the depth to be 30 ft. The Assistant Engineer Vijay Kumar made correction in the measurement book and by cutting and deleting 30 ft. made it as 26 ft. It is said that the petitioner did not accordingly, change the amount for the work, which was mentioned as Rs. 16,161.79 paise. On the said fact, it was alleged that by making overwriting in the measurement book, attempt was made to screen the offence. Accordingly, the FIR was lodged, which was registered under Sections 409, 420 and 120 -B IPC.

(3.) AN application under Sec. 239 Cr PC was filed before the trial Court for discharge. The learned trial Court by the impugned order rejected the prayer for discharge of the petitioner. Hence, this revision application.