ARUN KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitionerArun Kumar is apprehending his arrest in connection with Sadar (Muffasil) P.S. Case No. 19 of 2015, corresponding to G.R. No. 103 of 2015 for the offence under sections 406, 409, 419, 420 and 120B of the Indian Penal Court.

(2.) This case has been lodged on the basis of written report of one Luis Toppo, District Cooperative Officer, Hazaribagh alleging therein that the petitioner is the owner of Ganpati Rice Plant. It is further alleged that he was directed to purchase paddy by the government from different PACS. As per direction the informant purchased paddy from five different village PACS and as per the agreement from Ganpati Rice Plant, Demotand, Hazaribagh the paddy was sent for milling and for that 68% was to be supplied by CMRFCI. It is alleged that Ganpati Rice Plant Pvt. Ltd, had not made available 57,932.77 quintal paddy to CMRFCI. The value of aforesaid paddy was Rs. 7,24,15,962.50. For realization of the amount substantiated with the paddy a meeting was held by the Deputy Commissioner on 08.08.2014 and 11.09.2014 with the owner of rice mill. It is further directed by the Deputy Commissioner and also telepathically directed by the informant also. The informant vide letter no 294 dated 01.07.2014 and letter no. 519 dated 16.10.2014 have also directed the petitioner to deposit the value of rice, but he had not deposited any of the amount. The petitioner had also not followed the direction given by the Hon'ble Jharkhand High Court. As per the direction of the Hon'ble High Court of Jharkhand, the Government of Jharkhand had also sent two letters to the petitioner for depositing the aforesaid amount, but inspite of that he had not deposited a single penny, hence, it is alleged that with the criminal intention the owner of Ganpati Rice Plant, Sri Arun Kumar (petitioner) had swallowed the government money to the tune of Rs. 7,24,15,962.50 and he misappropriated the said amount which itself is violation of the Contract Agreement and he had also obstructed the government plan and works and hence prayed for appropriate legal action. On the basis these allegations, the instant case has been lodged.

(3.) Learned counsel for the petitioner has submitted that much prior to lodging of this case, petitioner has filed a Money Suit No. 09 of 2014 before the Civil Judge, Senior Division, Hazaribagh on 04.09.2014.