STATE Vs. RADHAKANTA PATNAIK

JUDGEMENT

(1.) This is an appeal by the Government under Section 417, Cr. P. C., from the order of the Magistrate, 1st Class, acquitting Sri R. K. Patnaik of the charges under Sections 409, 420 and 465, I. P. C.

(2.) The accused Radhakanta Patnaik was the section officer, Manijanga, under the S. D. O., P. W. D., Jagatsingpur, in December 1950. On 17-12-1950, the then Chief Engineer Mr. Shaw, Irrigation Department, Orissa, intimated to the S. D. O., P. W. D., Jagatsingpur, that he would tour on the canal embankment from Santra Bundh to Paradwip from 24th to 27th December, 1950. He wanted the canal bund to be made motorable, vide Ext. 1. The S. D. O. (P. W. 1) directed the accused to

(3.) The patrol K. C. Samantray was the subordinate of the accused, on 31-1-51 he sent three petitions against the accused-section-officer, one to the Chief Engineer, another to the Executive Engineer and the third to the S. D. O. (P. W. 1), alleging therein that the section officer had engaged only five outside labourers for three days and spent only Rs. 26-8-0 but billed for Rs. 166/-in the muster-roll as if thirty-one outside labourers were engaged for doing the repair work. The matter was then handed over to the Enforcement Department, Orissa, for investigation and necessary action, if on investigation, the facts alleged in the petition of K. C. Samantray were found to be true. Accordingly, the police submitted charge-sheet against the accused after necessary investigation, to take his trial under Sections 420, 409 and 465, I. P. C.