- (1.) No one appears on behalf of the petitioner in spite of repeated calls. The complainant-opposite party No.2 has also not appeared in spite of service of notice upon him. Even otherwise this case arises out of a police case. Heard learned counsel for the State and perused the record.
(2.) The petitioner has filed this criminal miscellaneous petition for quashing the entire criminal proceeding initiated in B.S. City P.S. Case No. 96 of 2004 corresponding to G.R. No. 374 of 2004, registered under sections 323 and 406 of the Indian Penal Code.
(3.) The police case was instituted on the basis of Complaint Case No. 30 of 2004, filed in the Court of learned Chief Judicial Magistrate, Bokaro, from perusal of which, it appears that the accused petitioner was given a contract of construction of road in the State of Orissa. It is alleged that the complainant and the accused-petitioner entered into an agreement, under which, the complainant agreed to carry on the construction work allotted to the accused-petitioner and to make payment of 5% of the profit to the accused. As the contract was given to the accused, so the entire money was paid to the accused-petitioner upon the completion of the contract, by the Government of Orissa. It is alleged that the share of the complainant being Rs. 12,68,635.00, was not given to the complainant and the amount was misappropriated by the accused.;