OM PRAKASH SINGH Vs. STATE OF JHARKHAND
LAWS(JHAR)-2013-6-97
HIGH COURT OF JHARKHAND
Decided on June 14,2013

OM PRAKASH SINGH Appellant
VERSUS
STATE OF JHARKHAND Respondents


Referred Judgements :-

T T ANTHONY VS. STATE OF KERALA [REFERRED TO]
BABUBHAI VS. STATE OF GUJARAT [REFERRED TO]


JUDGEMENT

- (1.)BY the Court. -This application has been filed for quashing of the FIR of Khunti P.S. Case No. 114 of 2010 (Special Case No. 61 of 2010) instituted under Sections 161, 406, 409, 420, 457, 468, 471/34 of the Indian Penal Code and also under Section 7/ 13(i)(d) of the Prevention of Corruption Act.
(2.)IT is the case of the prosecution that the Department of Health, Medical Education and Family Welfare allotted a sum of Rs.340 lakhs in the financial year 2008 -09 for upgrading Primary Health Centre, Arki as community Health sub -Centre. For extending the said project, Executive Engineer, Rural Development Special Division, Ranchi -cum -Khunti was nominated as executing agency. The Executive Engineer was to be assisted by Rajendra Kumar Jain, Assistant Engineer and Ram Binod Prasad Sinha, Junior Engineer. For executing the work, Executive Engineer did transfer a sum of Rs. 98.90 lakhs as an advance to Rajendra Kumar Jain, Assistant Engineer. However, on verification of the work by the special inspecting team constituted under the order of the Deputy Commissioner, Khunti, it was found that the work only worth Rs. 28.59 lakhs had been done and rest of the amount of Rs. 70.31 lakhs had not been accounted for and therefore, it was suspected that the said amount has been misappropriated by the Assistant Engineer and the Junior Engineer of the Rural Development Special Division, Ranchi -cum -Khunti. On such allegation, case was registered against these persons.
The matter was taken for investigation. Having investigated the matter, the police submitted charge -sheet against Ram Binod Prasad Sinha, the then Junior Engineer but at the same time investigation was kept open with respect to other accused persons.

(3.)SINCE according to learned counsel appearing for the petitioner, name of the petitioner got transpired in course of investigation, this application was filed for quashing of the FIR as the petitioner, who at the relevant point of time was posted as Assistant Engineer had nothing to do with the misappropriation of the amount, if any.


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