JUDGEMENT
Nagendra Rai, A.C.J. -
(1.)This Court in exercise of suo motu power issued notice to the accused-opposite party Kishore Kumar Rai to show cause as to why the order dated 28.2.2003 passed by Sri A.K.M.M. Qureshi, 3rd Addl. Sessions Judge, Saharsa in Criminal Revision No. 80 of 1998 (s) quashing the order dated 2.3.1998 passed by the Chief Judicial Magistrate, Supaul in G.R. Case No. 343 of 1987 by which the Chief Judicial Magistrate, Supaul has taken cognizance under Sections 409, 420, 467 read with Section 120-B of the Indian Penal Code, against the aforesaid opposite party Kishore Kumar Rai, Rameshwar Prasad and Awinash Kumar and after due notice to the aforesaid opposite party Kishore Kumar Rai, the matter was heard and is being disposed of by this order.
(2.)The factual matrix giving rise to the present application is that Mohan Prasad, B.D.O. Supaul, lodged a written report on the basis of which Supaul police lodged a first information report alleging that in the year 1985 under the scheme N.R.E.P. five Yojnas were allotted in the name of Rameshwar Prasad, Panchayat Sewak, and 216 quintals of wheat were given to Rameshwar Prasad, Panchayat Sewak, Supaul for distribution among the labourers. Only 168 quintals of wheat were essential for distribution but 216 quintals of wheat were allotted. The B.D.O. made spot inspection and found that only 2 quintals of wheat have been distributed and thereafter Panchayat Sewak was asked to give explanation with regard to remaining wheat. The Panchayat Sewak gave information that he has distributed 25 quintals of wheat and remaining he will return but he did not return the same. Thereafter, the written report was filed against the Panchayat Sewak by the BDO. During course of investigation complicity of other officials including the opposite party Kishore Kumar Rai who was, at the relevant time, Junior Engineer, was also found. It was found that the Junior Engineer had not maintained the measurement book even then he recommended for advance and on the basis of which advance wheat was given to the Panchayat Sewak. The police after investigation submitted a charge sheet and thereafter cognizance was taken by the Chief Judicial Magistrate by order dated 2.3.1998 under the aforesaid sections against the three accused persons, Opposite Party Kishore Kumar Rai, Awinash Kumar and Rameshwar Prasad.
(3.)Rameshwar Prasad filed Cr. Misc. No. 10958 of 1998 before this Court and by order dated 16.7.1998 this Court dismissed the application with an observation that no sanction was required. Then other accused Awinash Kumar filed Cr. Misc. No. 33715 of 2000 before this Court which was finally disposed of on 21.3.2002 and this Court did not interfere with the order of cognizance and held that the question of sanction will be agitated at the time of framing of charges.
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