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2015 DIGILAW 822 (JHR)

Jawahar Sah v. State of Jharkhand

2015-07-20

PRASHANT KUMAR

body2015
ORDER : In writ application Nos. 365 of 2011, 344 of 2011 and 350 of 2011, petitioners have prayed for quashing of the F.I.R. of Gumla P.S. Case No. 266 of 2011, corresponding to G.R. Case No. 853 of 2011, registered under Sections 467/468/471/472/420/406/409/120(B) of the Indian Penal Code, pending in the Court of learned Chief Judicial Magistrate, Gumla. Whereas in writ application nos. 327 of 2011, 358 of 2011 and 377 of 2011, petitioners have prayed for quashing of the F.I.R. of Gumla P.S. Case No. 267 of 2011, corresponding to G.R. Case No. 854 of 2011, registered under Sections 467/468/471/472/420/409/120(B) of the Indian Penal Code, pending in the Court of learned Chief Judicial Magistrate, Gumla. 2. In the aforesaid First Information Reports, it is alleged that under the Chief Minister Gram Setu Yojna, six bridges in different Blocks of the Gumla District constructed. It is further alleged that all the six bridges, partly or fully, damaged in heavy rain during the period of 17.6.2011 to 20.6.2011. It is further stated that a committee was constituted by the State Government for enquiry and submitting report as to why the aforesaid six bridges damaged. It is further alleged that the Enquiry Committee constituted under the Chairmanship of the Chief Engineer, Rural Development, Special Circle, Ranchi had inspected all the six bridges and concluded that prima-facie, it appears that the aforesaid bridges damaged due to irregularities committed by the contractor and engineers in constructing the foundation of the bridges. Considering the aforesaid inspection report, the State Government decided to lodge criminal case against the petitioners. Accordingly, aforesaid two First Information Reports lodged. The F.I.R. of Gumla P.S. Case No. 266 of 2011 relates to the contractors, whereas F.I.R. of Gumla P.S. Case No.267 of 2011 relates to engineers. The aforesaid two First Information Reports impugned in these writ applications. 3. It is submitted by learned counsel for the petitioners that the bridges damaged due to heavy rain and flood in the river. It is submitted that there is no irregularity in the construction of the six bridges, rather the same were constructed as per the design prepared by the experts and approved by the State Government. It is further stated that the contractors are ready to reconstruct the damaged bridges as per the agreement. 4. It is submitted that there is no irregularity in the construction of the six bridges, rather the same were constructed as per the design prepared by the experts and approved by the State Government. It is further stated that the contractors are ready to reconstruct the damaged bridges as per the agreement. 4. On the other hand, learned counsel appearing for the State submits that in the instant case, the investigation is going on and the State Government had decided to take the help of experts of I.T.I., Kharagpur in the said investigation. It is further submitted that under the aforesaid circumstance, at this stage, no interference requires by the Court, because the State Government has already decided to get the case investigated in the most scientific manner. 5. Having heard the submissions, I have gone through the records of the cases. According to the petitioners of these writ applications, the bridges were damaged due to heavy rain and flood in the river. They asserted that there is no irregularity in the construction work. According to them, the construction of bridges completed as per the design and estimate approved by the State Government. Whereas, the Committee constituted by the State Government under the leadership of the Chief Engineer, gave a report that the bridges were damaged due to irregularities committed by the contractors and engineers in the foundation work. This fact requires to be investigated scientifically by the experts. In the supplementary counter affidavit filed by the State Government on 21.2.2015, it is stated that the State Government has taken a decision to get the experts opinion of I.I.T., Kharagpur regarding the reasons which led to the damage of six bridges in the heavy rain during the period of 17.6.2011 to 20.6.2011. It is also stated that the State Government took a decision to incur the cost of Rs.43,08,000/- + service tax demanded by the I.I.T., Kharagpur for the said experts inspection. Thus, from the aforesaid facts, I find that the State Government is taking step to investigate the entire matter in most scientific way. Therefore, at this stage, it is not in the interest of justice to interfere with the aforesaid investigation. Hence, at this stage, I am not inclined to interfere with the investigation. Accordingly, these writ applications are dismissed. Applications dismissed.