- (1.) THIS application has been filed for quashing of the entire criminal proceeding of Khunti Police Station Case no. 60 of 2000 (G.R. No.241 of 2000) including the order dated 18.11.2008 passed by the then Additional Chief Judicial Magistrate, Khunti whereby and whereunder cognizance of the offences punishable under Sections 409, 467, 468, 471, 420 an 120(B) of the Indian Penal Code has been taken against the petitioner, who at the relevant point of time is said to have been posted as Junior Engineer in Works Section of Rural Engineering Organization, Bundu, Khunti.
(2.) IT does appear that the Deputy Commissioner, Ranchi when came to know that several engineers including the petitioner posted in Work Division of Rural Engineering Organization, Rachi who had been entrusted with the works of construction/ repairing of the road have indulged themselves in several kind of irregularities, constituted a committee, who inspected different works done by the accused persons and came to the finding that the engineers without getting the work completed got the entire amount withdrawn and thereby they have misappropriated the said amount. On such allegation, a case was registered as Khunti P.S case no.60 of 2000 under Sections 409, 467, 468, 471, 420 an 120(B) of the Indian Penal Code.
(3.) THE matter was taken up for investigation. However, during investigation, the Investigating Officer did not find any materials showing culpability of the petitioner in the alleged offence and hence, submitted a final form against this petitioner and other accused whereby the petitioner and others were exonerated from the accusation, still the court took cognizance of the offences under Sections 409, 467, 468, 471, 420 an 120(B) of the Indian Penal Code which is under challenge.;