Himanshu Kumar vs State Of Jharkhand on 1 April, 2011

              In the High Court of Jharkhand at Ranchi

                       A.B.A.No.2494 of 2009

              Himanshu Kumar ................................Petitioner

                             VERSUS

              State of Jharkhand..................................Opposite Party

              Coram: HON'BLE MR.JUSTICE R.R.PRASAD

              For the Petitioner: Mr.V.Shivnath,Sr.Advocate
              For the State     :Mr. Shekhar Sinha (A.P.P)

14/ 1.4.11

. The order which was recorded on 14.3.2011 reads as follows.

“Learned counsel appearing for the petitioner submits that an F.I.R was

lodged on the allegation that the contractor who was given contract to construct Hata-

Chaibasa Road never constructed the road, in accordance with specification and

thereby the contractor in connivance with the Engineers misappropriated a sum of Rs.

Sixty Three Lacs, but when enquiry was made by the Chief Engineer, Road

Construction Department, State of Jharkhand, Ranchi, at the instance of the

Government, the allegation was found to be not true. Not only that subsequently at the

instance of the Superintendent of Police, chaibasa, when two agencies namely, one

BIT and other Kolkata Based Agency made inquiry, they also did not find any wrong

with the construction of the road rather according to the report, the road was

constructed absolutely in accordance with specification and under this situation, the

petitioner who is a representative of the Contractor has never committed any offence

so far it relates to offence under Section 409 of the Indian Penal Code.”

Pursuant to that order part of the case diary which had not been made available

earlier has been made available to learned counsel appearing for the State.

Learned counsel appearing for the State submits that the case diary refers to the

reports submitted by the two agencies whereby both the agency did not find any

irregularity in the matter of the construction of the road.

However, Mr. Shekhar Sinha, learned counsel appearing for the State points

it out that perhaps the instant case has been referred to the C.B.I for fresh

investigation.

Mr.M.Khan, learned counsel for the C.B.I submits that perhaps this case has

been taken over by the C.B.I for investigation and if the case is adjourned for two

weeks, he may ascertain the fact.

At this stage learned counsel appearing for the petitioner submits that in spite of

that, the petitioner would be ready to get the amount of Rs.56 lacs and odd which

amount is said to have been taken by the petitioner in excess adjusted from the

amount of Rs.1,18,00,000/- which is deposited with the State Government but that

amount be subject to verification of the final measurement

Let this matter be listed on 29.4.2011.

Till then, the petitioner shall not be arrested in connection with Chaibasa Sadar

P.S. Case no.62 of 2006).

Let a copy of this order be handed over Mr. Khan for needful.

(R.R.Prasad, J.)
ND/