RONGON MUKHOPADHYAY, J. - (1.) HEARD Mr. Rajeev Kumar, learned counsel for the petitioner and learned counsel for the State.
(2.) IN this application, the petitioner has prayed for quashing the entire criminal proceeding including the order dated 10.07.2012 passed by learned Civil Judge cum Chief Judicial Magistrate, Chatra in Sadar P.S. Case No. 131 of 2009 corresponding to G.R. No. 543 of 200 whereby and whereunder the application filed by the petitioner under section 239 of the Code of Criminal Procedure, read with Section 44 of the Evidence Act, was rejected.
(3.) THE prosecution story as would appear from the written report of the informant is to the effect that the Executive Engineer -Sri Gumani Ravidas in conspiracy with the petitioner and another Assistant Engineer namely Shri Upendra Singh had committed defalcation. It has been alleged that one Shri Niranjan Jha, the Executive Engineer, directed the engineers to submit the bills and /or refund the money but there was no action taken by them in this regard, which is against the Treasury Code and Account Code. It has further been alleged that because of this act, the beneficiaries of NAREGA have been deprived and accordingly a written report was submitted, which led to institution of Chatra P.S. Case No. 131 of 2009. On 1.2.2010, the petitioner was produced from custody and after supply of police papers, the charge was framed against the petitioner for the offence punishable under section 409/34 of the Indian Penal Code. Subsequent thereto, an application was filed on 13.03.2012, by the petitioner under section 239 of the Code of Criminal Procedure read with Section 44 of the Evidence Act. The said application was dismissed by the learned Civil Judge cum Chief Judicial Magistrate at Chatra on 10.07.2012, which is under challenge in the present application.;