- (1.) THIS application has been filed for quashing of the order dated 13.7.2011 passed by the learned Chief Judicial Magistrate, Gumla in connection with Sisal P.S case No. 175 of 2008 (G.R. No. 1074 of 2008) registered under Sections 406, 409 and 420/34 of the Indian Penal Code whereby and whereunder he accorded permission to the Investigating Officer to go for further investigation of the case.
(2.) BEFORE coming to the issue involved in this case, case of the prosecution needs to be taken notice of. A case was lodged by the Block Development Officer, Bharno stating therein that one Devendra R. Purohit, one of the partners of M/s. Brahmanand Firm and Resarch Centre, Jamshedpur entered into an agreement with the District Administration, Gumla whereby said Devendra R. Purohit was supposed to grow Safed Musli/Stevia for commercial purposes over the land situated at village Merangbira, Ormunda, Birkera, Podhe, Asaro -I, Asaro -II, Asaro - III, Samal -I, Samal -II and Samal -III all under Sisai Block for which a sum of Rs. 1,52,74.500/ - and Rs.71,96,858/ - had been advanced to said Devendra R Purohit for growing Safad Masli and Stevia respectively but during enquiry held by the enquiry committee it was found that Stevia had been grown only over 4.25 acres of land as against 68 acres and thereby 29.15 acres of land remained uncultivated and that Safed Masli was found to have been grown only over 10.85 acres of land as against 40 acres over which Safed Masli was supposed to be grown by the said Devendra R. Purohit and thereby it was alleged that Devendra R. Purohit has misappropriated the amount of Rs. 2,24,71,358/ -. On such allegation, a case was registered as Sisai P.S. case No. 175 of 2008 against the Devendra R. Purohit under Sections 406,409 and 420/34 of the Indian Penal Code.
(3.) THE matter was taken up for investigation. On completion of the investigation, police submitted charge -sheet on 5.7.2010 against Devendra R. Purohit whereas investigation was kept pending against Denial Ekka. Subsequently, Denial Ekka was arrested. He is said to have made confessional statement disclosing therein that complicity of other persons.;