- (1.) PRESENT petition has been filed under Section 482 of the Code of Criminal Procedure inter alia praying for issuance of appropriate writ/ order/ direction for quashing the entire criminal proceedings against the petitioner, which is arising out of Khunti Police Station Case No. 60 of 2000, corresponding to G.R. No. 241 of 2000, registered for the alleged offence under Sections 409, 467, 468, 471, 420 and 120B of the Indian Penal Code. Petitioner has also prayed for quashing of the order dated 18.11.2008, whereby cognizance has been taken by the learned Additional Chief Judicial Magistrate, Khunti.
(2.) SHORT facts of the case are that petitioner while posted as Assistant Engineer and working under the Rural Engineering Organisation, posted at Khunti, some work was assigned for construction of various roads i.e. the petitioner has been assigned for the construction of repairing of the roads namely: (i) Road repair work of Bundu -Silli Road to Humda Road; (ii) Road repair work of Tamar to Pundidiri Road; (iii) Road repair work of Jamudag to Adamhatu Road; (iv) Road repair work of Sonahatu Pakka Road to Kanchi River.
(3.) LEARNED counsel for the petitioner submitted that immediately after institution of the FIR, departmental proceedings were initiated against the present petitioner. It is also submitted that the work, in question, was assigned in the year 2000 and thereafter, the work was completed in all respect. But on the basis of certain complaints made by the local people, a Joint Enquiry Committee was constituted by the order of the Deputy Commissioner, Ranchi and on the basis of the report of the Joint Enquiry Committee, an FIR was instituted being Khunti P.S. Case No. 60/ 2000, corresponding to G.R. No. 241/2000. After institution of the FIR , departmental proceedings were also initiated against the present petitioner for the similar allegation and on the same charges. After full -fledged departmental inquiry, petitioner has been exonerated from the charges levelled against him. In this context, learned counsel for the petitioner has referred to and relied upon Annexure -4 i.e. notification dated 22.10.2005. Learned counsel for the petitioner submitted that though petitioner has been exonerated in respect of charges levelled against him in departmental proceedings but he has to face criminal prosecution unnecessarily and it amounts to abuse and misuse of the process of law. In this context, learned counsel for the petitioner has referred to and relied upon the decision rendered by the Hon'ble Apex Court in the case of P.S. Rajya versus State of Bihar, 1996 9 SCC 1. Learned counsel for the petitioner further submitted that total 13 persons were made accused in an FIR instituted, being Khunti P.S. Case No. 60/ 2000. Out of which, accused No.5 - Ramnagina Singh (Junior Engineer), accused No.6 - Satyadeo Prasad (Junior Engineer) and accused No.13 - Anil Kumar(Junior Engineer) have been exonerated in the departmental proceedings, which were initiated for the same charges and thereafter they preferred Cr.M.P. No. 749 of 2011 before this Court for quashing of the entire criminal proceedings, arising out of Khunti Police Station Case No. 60 of 2000 and this Court, while dealing with the said petition, after careful consideration of the facts and circumstances involved in the case as also the case law cited by the petitioners therein, rendered in the case of P.S. Rajya versus State of Bihar, 1996 9 SCC 1, allowed the said petition and thereby, quashed and set aside the entire criminal proceedings including the order dated 18.11.2008 under which cognizance of the offence has been taken against the petitioners therein.;