R.R.PRASAD, J. - (1.) THIS application has been filed under Section 482 of the Code of Criminal Procedure for quashing the order dated 5.6.2007 passed by learned Special Judge, CBI, Ranchi in R.C. Case No. 1(A) of 2000 -Pat whereby and whereunder cognizance of the offence under Sections 120 -B/201/409/420/468/471 of the Indian Penal Code as well as under Section 13(2) read with Section 13(1)(c)(d)(e) of the Prevention of Corruption Act has been taken against the petitioner and others.
(2.) LEARNED counsel appearing for the petitioner submits that though the petitioner, who at the relevant point of time was posted as Telecom Revenue Assistant (TRA), Department of Telecom, Hazaribagh has been alleged to have misappropriated Government fund to the tune of Rs. 3,12,276/ - in connivance with other officials of the Telecom Department by showing deposit of less amount than what they had actually received from the subscribers as telephone charge by manipulating the documents but there has been absolutely no material to show that this petitioner did enter lesser amount in the relevant record than what had been received nor any material is there to show that the petitioner did tamper/forge any of the record for the purpose of cheating and hence learned trial Court can be said to have taken cognizance without applying its mind. As against that, learned Counsel appearing for the CBI submits that modus operandi of the accused persons, the staffs of Telecom Department including the petitioner was that Telecom Office Assistant used to issue duplicate bills to the subscribers of the Sub -division of Hazaribagh and on its deposit, the said amount was not being shown in the revenue receipt record to have been deposited, rather lesser amount used to be shown deposited in the record and the said amount was being reflected in the office copy of bill and thus, accused persons including the petitioner by manipulating/forging the office copy of the bills and also showing deposit of lesser amount than what it was actually received misappropriated huge amount. Having heard learned Counsel appearing for the parties and on perusal of the record including the first information report as well as the charge -sheet, learned Magistrate having found case prima facie true seems to be absolutely justified in taking cognizance of the offence against the petitioner and thus, I do not find any illegality in the impugned order. Accordingly, it is dismissed.;