VIJAY KUMAR SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE Criminal Revision is directed against the order impugned dated 16.6.2007, passed by learned A.C.J.M., Latehar in Latehar P.S. Case No. 50 of 1998 (G.R. No. 132 of 1998), whereby and whereunder, the discharge petition filed under Section 239 of the Code of Criminal Procedure on behalf of the petitioner was rejected.

(2.) SHORT fact of the case, as stands narrated in the written report of the opposite party No. 2 Awadh Bihari Singh, the then Divisional Forest Officer, State Trading Division -II, Latehar, was that the petitioner Vijay Kumar Sinha was the Divisional Forest Officer of the State Trading Division -II, Latehar from 2.1.1990 to 28.12.1993. It was alleged that during his tenure of posting at such place, he defalcated huge amount of public money, approximate to the tune of Rs. 43,20,500/ - as it was found after official enquiry by the Department. Informant had produced various documents with the written report which were the basis of institution of the case. It was further alleged, inter alia, that fake purchase of various materials from fake dealers/suppliers, standing in different names and styles, mostly non -existing, were shown by the petitioner. As a matter of fact, he had no authority or any sanction granted to him in this regard by superior authority or competent officer of the Department. It was further alleged that the petitioner had done it at his personal accord under mala fide intention and personal gains which ultimately resulted in defalcation of huge amount and that the materials so purchased by him were not found on physical verification by the Department. It was further alleged that alleged supply was made through the following agencies:

(3.) ADVANCING his argument and assailing the impugned order, Mr. Sahani, learned Counsel submitted that F.I.R. was belated in respect of alleged occurrence which took place between 2.1.1990 and 28.12.1993 as it was instituted on 25.4.1998 without cogent explanation of inordinate delay and therefore, the entire prosecution case was doubtful, vexatious and brought about maliciously.