SURJYA KANTA TRIPATHY Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioners are two of the accused persons in VGR Case No.25 of 1998 corresponding to Vig. C.D.P.S. Case No.8 dated 23.3.1998.

(2.) ALLEGATIONS have been made against the petitioners and other accused persons for alleged commission of offences under Sections 409/406/488/471/120 (B) IPC. The petitioners in the charge sheet, who have been made accused, are the then Executive Engineer and the Junior Engineer of Mahanadi North Division respectively and allegation against them is with regard to non -execution of two numbers of spurs of Rs.90,450/ - and non -recovery of royalty charges of stones amounting to Rs.39,000/ - utilized for stone packing and construction of two nos. of spurs in course of "Bank Protection of Scoured Bank on Karandia Right near village Nankar (Biswal Bank) from 17.00 K.M. to 17.225 K.M.". The other accused persons are the erst -while Assistant Engineer and the Contractor, who are stated to have since expired.

(3.) LEARNED counsel for the petitioners submitted that cognizance of the offence was taken without due application of judicial mind and charges have been framed on surmises by order dated 11.1.2007 in spite of an application of the petitioners filed under Section 227 Cr.P.C., which was rejected. This application under Section 482 Cr.P.C. has been filed challenging various factual aspects of the case and, inter alia, stating that no case has been made out against the petitioners with regard to the commission of the alleged offences.