- (1.) This criminal revision under Section 397/401 Cr.P.C. has been filed by Accused-Revisionist, Ravinder Talwar challenging order dated 03.08.2004 passed by Additional Sessions Judge, Court No. 5, Saharanpur in Criminal Revision No. 131 of 1996.
(2.) Additional Chief Judicial Magistrate-II, Saharanpur, vide order dated 04.01.1996 has rejected protest petition and accepted final report, whereagainst Respondent-2 preferred criminal revision which has been allowed vide impugned judgment and Trial Court has been directed to summon Accused-Revisionist under Sections 406, 409, 420 IPC.
(3.) Brief facts emerging from First Information Report (hereinafter referred to as the "FIR") and record are that Accused-Revisionist who was Chairman, Nagar Palika Parishad, Saharanpur, at the relevant time, in connivance with Contractors and officials of Nagar Palika Parishad got computation of cost increased multifold against sanctioned tender rates and thereafter allotted on such accepted rates though he had no jurisdiction or authority to do so. As per rules there could be no deviation of more than 10% from estimated cost but he got variation done by more than 100%. As per rules he was required to got separate work orders and call for separate tenders, Instead, in an illegal manner and in connivance with Contractors he caused misfeasance of public funds for personal interest by getting revised work done from Contractors on earlier rates. FIR further states that in some construction work, amount was paid to Contractors, 400 times above approved original tender amount. It further gives details of various financial irregularities and illegalities committed by Accused-Revisionist in wasting public fund.;