- (1.) IN spite of opportunity being given for filing counter affidavit, no counter affidavit has been filed. Under the circumstances, the matter was heard on its merit.
(2.) THIS application has been filed for quashing of the entire criminal proceedings of Khunti P.S. Case No. 60/2000 (G.R. No. 241/2000), including the order dated 18/11/2008, whereby and whereunder cognizance of the offence punishable under Sections 409, 467, 468, 471, 420 and 120 B of the Indian Penal Code, has been taken against the petitioner. The case of the prosecution, as it appears from the first information report, is that when the Deputy Commissioner, Ranchi, came to know that several Engineers including this petitioner, who at the relevant point of time, was posted as Junior Engineer, who had been entrusted with the works of construction/repairing of the road under Rural Engineering Organization, Works Division, Ranchi, had indulged themselves in several kinds of irregularities, constituted a Committee. The Committee having inspected the works done by this petitioner and others, came to the finding that the Engineers, without getting the work completed, got the entire amount withdrawn and, thereby, they have misappropriated the said amount.
(3.) ON the basis of the said enquiry report, Khunti P.S. Case No. 60/2000, was registered under Sections 409, 467, 468, 471, 420 and 120B of the Indian Penal Code, against 13 persons including this petitioner. The matter was taken up for investigation. However, during investigation no culpability was found against this petitioner as well as other Engineers and, therefore, final form was submitted, whereby this petitioner and other persons were never sent up for trial but the Court, on the basis of the materials available in the case diary, took cognizance of the offence as stated above against the petitioner vide order dated 18/11/2008. That order is under challenge.;