- (1.) MR . B.M. Tripathy. learned Counsel appearing on behalf of the petitioner assailed the order impugned dated 14.9.2006 whereby and whereunder the learned S.D.J.M. Pakur dismissed the prayer for discharge preferred by the petitioner under Section 239 Cr. P.C.
(2.) MR . Tripathy pointed out that the entire allegation was levelled against one Mustkim Hussain, contractor in the written report of the informant B.D.O., Maheshpur, which was presented to the Officer -in -charge, Maheshpur Police Station giving rise to instant case. It was alleged therein that the Project of digging 13 wells at village Radhaballavpur was earmarked for the year 1990 but though the project was not completed, the bill was presented for final payment showing the work to be completed. On inspection it was found that all projects were incomplete and that water was not there in the wells.
(3.) ADVANCING his argument Mr. Tripathy submitted that in course of investigation, the Investigating Officer, according to the impugned order, collected certain materials against the petitioner and that at the relevant time the petitioner was the Assistant Engineer in Maheshpur Block assigned with the supervision work o digging of wells and that he had countersigned the running bills for payment.;