- (1.) Heard learned counsel for the petitioner and learned counsel for the State. In this writ application, the petitioner has challenged the order dated 4.5.1998 passed by the learned A.C.J.M., Ghatshila in G.R. No. 95 of 1992 (S) whereby, the warrant of arrest was ordered to be issued against the petitioner. Petitioner has also prayed for a direction against the respondent State not to proceed against the petitioner in the said G.R. Case No. 95 of 1992, arising out of Dumaria P.S. Case No. 29 of 1992.
(2.) The facts of the case lie in a short compass. One FIR was lodged bearing Dumaria P.S. Case No. 29 of 1992, corresponding to G.R. No. 95 of 1992, against one contractor Bagh Singh Besra, on the allegation that he was advanced Rupees three lacs for construction of a school building and the same was not constructed. The petitioner was not named in the F.I.R.
(3.) It appears that during investigation, role of the petitioner was found. as, at the relevant time the petitioner was posted as Block Development Officer at Dumraria and it transpired that Rs. 65,000/- and 500 bags of cement were advanced by the petitioner to the accused contractor without there being recommendation of the Junior Engineer. It further appears that charge-sheet was submitted in this case on 16.1.1993 against the named accused Bagh Singh Besra. So far as this petitioner is concerned, the investigation was kept pending. Subsequently, on 2.5.1998, an application was filed by the I.O. of the case before the Additional Chief Judicial Magistrate, Ghatsila, praying for issuance of warrant against the petitioner and in the memo of evidence, it was mentioned that Rs. 65,000/- and 500 bags of cement were advanced to the concerned contractor by this petitioner without there being any recommendation of the Junior Engineer and that no inspection of the construction was made by the petitioner. On the application, filed by the I.O. of the case, the Court below by order dated 4.5.1998, ordered for issuance of warrant of arrest against the petitioner, which has been challenged by the petitioner by filing this writ application.;