RANCHI, India, June 16 -- Jharkhand High Court issued the following order on May 15:
1. The present Cr.M.P has been preferred for quashing the entire criminal proceeding including the order taking cognizance dated 22.09.2020 and the order framing charge dated 19.07.2024 passed by the Special Judge (A.C.B), West Singhbhum at Chaibasa in connection with Vigilance Case No. 02/2019, arising out of Chaibasa (Sadar) P.S. Case No. 66 of 2006 (corresponding to G.R. No. 515 of 2006) for the offences under Sections 409/120(B) of I.P.C, Section 13(2) r/w Section 13(1)(c) & (d) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the Act, 1988') and Sections 4, 5 & 6 of the Bihar Prevention of Specified Corrupt Practices Act, 1983 (hereinafter referred to as 'the Act, 1983').
2. The prosecution case, as per the written report of the informant, namely, Lalit Kumar Tekriwal, the then Executive Engineer, Road Construction Division, Chaibasa, is that a report regarding irregularity and excess payment in connection with construction, widening and strengthening of Hata-SwaspurMusabani road (0.0 to 42 K.Ms.) was submitted by the then Chief Engineer (Communication), Road Construction Department, Jharkhand, Ranchi to the Secretary, Road Construction Department, Government of Jharkhand alleging that the said road was not constructed according to the prescribed specification and irregularity was committed regarding quality of the work as well as excess payment of Rs.103.364 Lakhs was made to the concerned contractor without performing any work.
3. On the basis of the said report, the Deputy Secretary, Road Construction Department, Government of Jharkhand vide his letter no. 3662(s) dated 23.08.2006, directed the informant to institute a case against the erring officers, namely, (i) K. P. Singh, the then suspended Executive Engineer, Road Construction Division, Chaibasa, (ii) Kinsukh Saurabh, the then suspended Assistant Engineer, Road Construction Division, Chaibasa (the petitioner herein) (iii) Kali Charan Singh Munda, the then suspended Junior Engineer, Road Construction Division, Chaibasa (iv) Durlabh Bandhu Surin, the then suspended Junior Engineer, Road Construction Division, Chaibasa and (v) M/s Makintosh Barn Ltd.-the contractor.
4. Thereafter, Chaibasa P.S. Case No. 66 of 2006 (corresponding to G.R. No. 515 of 2006) was instituted for the offences under Sections 409/120(B) of IPC. The learned C.J.M, Chaibasa took cognizance of the offences under Section 409 of I.P.C, Section 13(2) r/w Section 13(1)(c) & (d) of the Act, 1988 and Sections 4, 5 & 6 of the Act, 1983 vide order dated 05.09.2012 and issued summons against all the accused persons including the petitioner.
5. Thereafter, the petitioner challenged the said order by filing Cr.M.P. No. 2069 of 2012, which was heard along with other analogous cases. A co-ordinate Bench of this Court vide order dated 08.07.2020, remitted the matter to the C.J.M, Chaibasa to pass a fresh order observing that the order taking cognizance dated 05.09.2012 and the order issuing summons against the petitioner and other accused persons were absolutely non-speaking.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqLioj4aRlqWhBNuqhiFJY3urF9VE7BDcAvp8wfGcq%2FjX&caseno=Cr.M.P./199/2025&cCode=1&cino=JHHC010383072024&state_code=7&appFlag=)
Disclaimer: Curated by HT Syndication.
