ER. M. ANBAZHAGAN B.E. Vs. STATE

JUDGEMENT

(1.) SINCE all the three revision petitioners are accused 2 to 4 in C.C.No.455 of 2010 on the file of the Judicial Magistrate No.1, Thiruvannamalai and the matter to be decided is similar in nature in all the three petitions, this Common Order is pronounced.

(2.) THE petitioner in Crl.R.C.No.1536/2011 is Assistant Executive Engineer and other two petitioners in Crl.R.C.Nos.1804 of 2011 and 26 of 2012 are Assistant Engineers in TWAD Board, Vellore. Certain irregularities were found out in their official work i.e., alleging that the first accused being the super check measuring officer and bill passing authority with the intention to misappropriate the Government money had neglected his duties and he had failed to super check measure the entire earth work and the soil classification recorded by A2 to A4 and effectively assisted and abetted the offence committed by A2 to A5 and inflated the estimate to the tune of Rs.2,04,055/ - and misappropriate the same. To this effect The Deputy Superintendent of Police CB CID, Vellore has filed Charge Sheet thatA1 to A4 are liable to be punished u/s 409, 465, 466, 468, 471 and 420 I.P.C. R/w 120 -B and 109 I.P.C. At the outset the case was registered u/s/. 120 -B, 409, 420, 466, 463 and 471 IPC and Sec.13(2) r/w 13(1) (c) & (d) of Prevention of Corruption Act 1988. It is significant to note that at the inception the case was registered under the above sections, while filing charge sheet, the provisions of Prevention of Corruption Act were deleted. The present petitioners are A2 to A4 in the case.

(3.) IN the Common Counter filed by the respondent, it is alleged as under: