AJAY KUMAR UPADHYAY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS Criminal Revision application is directed against the order impugned dated 19.9.2008 passed by the Chief Judicial Magistrate, Lohardaga in G.R.No. 347 of 2007 arising out of Lohardaga P.S. case No. 102 of 2007 for the alleged offence under sections 409/420/120B of the Indian Penal Code by which petition filed on behalf of the petitioner Ajay Kumar Upadhyay under section 239 of the Code of Criminal Procedure for his discharge was rejected.

(2.) THE prosecution story in short was that the Superintendent of Lohardaga Mandal Jail presented a written report before the Lohardaga police alleging inter alia that there was leakage of water in female ward from the roof and also seepage from the walls which rendered the female ward not fit for accommodation. He further added in the complain that sometime plaster chips used to fall from the roof causing injury to the minor children living with their mothers in the prison. As there was no alternative ward to accommodate the female prisoners with their children and that they were facing acute hardship adversely affecting their health. A sum of Rs. 5,00,000.00 and 99,950.00 were made available to the Executive Engineer, Building Division, for repair work of different wards and in spite of so -called repair, seepage from the roof of the female wards could not be cured. Pursuant to the direction, made by the District and Sessions Judge and the Deputy Commissioner, Lohardaga , a case was instituted against the Executive Engineer, Building Division, Lohardaga, contractors and the petitioner who is the Accounts Officer in the Building Construction Division, Lohardaga,

(3.) FINALLY , the learned counsel submitted that in the given situation no offence much less under sections 409/ 420/120B of the Indian Penal Code is made out against the petitioner in which cognizance of the offence was taken.