Jharkhand High Court
Dilbahar Ram vs State Of Jharkhand on 8 February, 2013
Author: R. R. Prasad
Bench: R. R. Prasad
IN THE HIGH COURT OF JHARKHAND, RANCHI
Cr. M. P. No. 866 of 2012
Dilbahar Ram ..... Petitioner(s)
Versus
The State of Jharkhand .... Opp. Party(s)
CORAM:HON'BLE MR. JUSTICE R. R. PRASAD
For the Petitioner(s) : Mr. Tarun Kumar Sinha, Advocate.
For the State : Md. Mokhtar Khan, C.B.I.
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04 /08.02.2013. Heard learned counsel appearing for the petitioner and learned counsel appearing for the State.
This application has been filed for quashing of the order dated 10.01.2011 passed in RC Case No.23[A] /09 [R], whereby and whereunder cognizance punishable under Sections 120[B] read with Sections 420, 468, 471 and 201 of the Indian Penal Code as also under Section 13[2] read with Section 13(1) (d) of the Prevention of the Corruption Act has been taken against the petitioner.
Learned counsel appearing for the petitioner submits that when the Executive Engineer had entered into an agreement with M/s Ishwar Construction for making improvement of Belwana- Kodaibank More to Tilkimaran Road, the petitioner was not posted as Assistant Engineer rather he joined the post subsequently and when it was found that the work has been done, he simply counter-signed the Measurement Book and thereby he did not commit any wrong whatsoever under which cognizance of the offence has been taken against the petitioner.
As against this, learned counsel appearing for the CBI submits that it is not that this petitioner has simply counter-signed the measurement book rather this petitioner dishonestly and fraudulently facilitated passing of 9th, 10th and 12th Account Bills which Bills had been raised on the basis of 7 fake invoices and thereby, the court has rightly taken cognizance of the offences.
Having heard learned counsel appearing for the parties and on perusal of the record, it does appear that it is the case of the prosecution that one M/s Ishwar Construction [Contractor], Ranchi was awarded work for improvement of Belwana- Kodaibank More to Tilkimaran Road and as per the agreement, the Contractor was supposed to procure bitumen to utilize in execution of the work from the Government Company, In terms of the agreement, the then Executive Engineer issued a letter to the Indian Oil Company, M/s Bharat Petroleum Corporation and M/s Hindustan Petroleum Corporation and also M/s Bicco Lawrie Ltd. authorizing the Contractor to receive 114.35 Metric Tonne of Bitumen. Subsequently M/s Ishwar Construction [Contractor] submitted 7 invoices, showing bitumen of 114.35 Metric Tonne from IOCL Depot, Namkum, Ranchi and on the basis of which Bills were raised and payments were made. This petitioner seems to have counter- signed the measurement book and has been alleged to have facilitated passing of 9th, 10th and 12th Account Bills which had been raised on the basis of the fake invoices and under this situation, the order taking cognizance never suffers from any illegality.
Accordingly, this application stands dismissed.
However, the petitioner would be at liberty to raise the points relating to insufficiency of the materials constituting of any offence at an appropriate stage.
(R. R. Prasad, J.) Sandeep/