SHABBIR ALI HUSSAIN ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Delip Jerath, learned counsel for the petitioner and Mr. Shailesh Kumar Singh, learned A.P.P. for the A.C.B.

(2.) In this application the petitioner has prayed for quashing of the criminal proceeding in connection with Vigilance P. S. Case No. 24 of 2011 corresponding to Special Case No. 33 of 2011 registered for the offences punishable under Sections 406, 409, 467, 468, 109 and 120-B of the I.P.C. and Section 13(1) (d) read with Section 13(2) of the Prevention of Corruption Act, 1988.

(3.) It has been stated by the learned counsel for the petitioner that the petitioner was merely a Trainee Assistant Engineer who was engaged on a contract basis and he does not have any concern with the work which was allotted and for which fund was released in favour of the Secretary, Establishment, Department of Health and Family Welfare. Learned counsel for the petitioner submits that Under Secretary was the Drawing and Disbursing Officer and it was his responsibility to have seen that the amount which was released be properly utilised in the construction of the building in terms of the contract. It has also been stated that the total amount of Rs. six crores was released in favour of the Under Secretary. He further submits that the overall supervision of the buildings which were constructed was vested upon the other persons including the Executive Engineer. Learned counsel submits that the petitioner has been singled out in the present case and it is a malicious prosecution as against him.