D.K. Sinha, J. - (1.) THE Criminal Revision is directed against the order impugned dated 4.9.2007, passed by learned A.C.J.M. Latehar in G.R Case No. 132 of 1998 whereby and whereunder the discharge petition of the petitioner under Section 239 of the Code of Criminal Procedure in connection with Latehar P.S. Case No. 50 of 1998 for the alleged offence under Sections 467, 468, 471, 477, 406, 409 r/w 120B of the Indian Penal Code was rejected.
(2.) SHORT fact of the case, as stands narrated in the written, report of the informant Awadh Bihari Singh, Divisional Forest Officer, State Trading Division -II. Latehar giving rise to Latehar P.S. Case No. 50 of 1998 was that one Vijay Kumar Sinha the then Divisional Forest Officer, State Trading Division -II. Latehar during his tenure of posting from 2.1.1990 to 28.12.1993 defalcated huge amount of public money, approximate to the tune of Rs. 43,20,500/ - as it was found after official enquiry by the Department. Informant had produced various documents with the written report which were the basis of institution of the case. It was alleged, inter alia, that fake purchase of various materials from fake dealers/suppliers standing in different names and styles mostly non -existing were shown by Vijay Kumar Sinha during his tenure of posting. As a matter of fact, he had no authority or any sanction in this regard granted to him by superior authority or competent officer of the Department. It was further alleged that Vijay Kumar Sinha had done it at his personal accord under mala fide intention which ultimately resulted in defalcation of huge amount and that the materials said to have been purchased by Vijay Kumar Sinha were not found on physical verification by the Department. It was further alleged that alleged supply was made through the following: (1) M/s. Steel and Allied Products, Calcutta (2) M/s. Paramount Dealers, Ranchi (3) M/s. Beemco Industry, Ranchi (4) M/s. B. Mani Lai and Co. Ranchi (5) Bihar Aluminium Agency, Ranchi Accordingly, F.I.R. was instituted on 25.4.1998 only against Vijay Kumar Sinha the then Divisional Forest Officer, State Trading Division -II, Latehar.
(3.) ACCORDING to learned Counsel, complicity of the petitioner appeared after 13/15 years of alleged occurrence and after 7 years of institution of the case in course of investigation by the C.I.D. in the year 2005 without any material whatsoever.;