Prashant Kumar, J. - (1.) In writ application Nos. 365 of 2011, 344 of 2011 and 350 of 2011, petitioners have prayed for quashing of the F.I.R. of Gumla P.S. Case No. 266 of 2011, corresponding to G.R. Case No. 853 of 2011, registered under Sections 467/468/471/472/420/406/409/120(B) of the Indian Penal Code, pending in the Court of learned Chief Judicial Magistrate, Gumla. Whereas in writ application nos. 327 of 2011, 358 of 2011 and 377 of 2011, petitioners have prayed for quashing of the F.I.R. of Gumla P.S. Case No. 267 of 2011, corresponding to G.R. Case No. 854 of 2011, registered under Sections 467/468/471/472/420/409/120(B) of the Indian Penal Code, pending in the Court of learned Chief Judicial Magistrate, Gumla.
(2.) In the aforesaid First Information Reports, it is alleged that under the Chief Minister Gram Setu Yojna, six bridges in different Blocks of the Gumla District constructed. It is further alleged that all the six bridges, partly or fully, damaged in heavy rain during the period of 17.6.2011 to 20.6.2011. It is further stated that a committee was constituted by the State Government for enquiry and submitting report as to why the aforesaid six bridges damaged. It is further alleged that the Enquiry Committee constituted under the Chairmanship of the Chief Engineer, Rural Development, Special Circle, Ranchi had inspected all the six bridges and concluded that prima-facie, it appears that the aforesaid bridges damaged due to irregularities committed by the contractor and engineers in constructing the foundation of the bridges. Considering the aforesaid inspection report, the State Government decided to lodge criminal case against the petitioners. Accordingly, aforesaid two First Information Reports lodged. The F.I.R. of Gumla P.S. Case No. 266 of 2011 relates to the contractors, whereas F.I.R. of Gumla P.S. Case No.267 of 2011 relates to engineers. The aforesaid two First Information Reports impugned in these writ applications.
(3.) It is submitted by learned counsel for the petitioners that the bridges damaged due to heavy rain and flood in the river. It is submitted that there is no irregularity in the construction of the six bridges, rather the same were constructed as per the design prepared by the experts and approved by the State Government. It is further stated that the contractors are ready to reconstruct the damaged bridges as per the agreement.;