Pradeep Kumar Bajaj And Others vs State Of Jharkhand

Sanjay Kumar Dwivedi, J

In both the petitions, common question of facts as well as FIR are under challenge and in view of that, both the petitions have been heard together with consent of the parties.

Heard Mr. Indrajit Sinha along with Mr. Vipul Poddar, learned counsel for the petitioners and Mr. Sanjay Kumar Srivastava and Ms. Nehala Sharmin, learned counsel for the State.

These petitions have been filed for quashing of the entire criminal proceeding in connection with Masalia P.S. Case No.74/2013, registered on 23.09.2013 for the offences under Sections 406/409/420/34 of the Indian Penal Code, corresponding to G.R. Case No.1409/2013, pending in the Court of the learned Judicial Magistrate, 1st Class, Dumka.

On the written report of Dr. Suresh Kumar, Civil Surgeon cum Chief Medical Officer, Dumka written to the Officer-in-Charge, Masalia Police Station vide letter dated 23.09.2013, the FIR was lodged alleging therein that Community Health Centre are being constructed in Masalia and in connection with the same an inspection was conducted by a team which was under the Chairmanship of Sub Divisional Officer, Dumka. The enquiry was conducted and after conducting the enquiry, report was submitted vide letter dated 22.09.2013. It was further alleged that the State Government of Jharkhand entered into a Memorandum of Understanding (MOU) with M/s National Buildings Construction Company Limited (NBCC) and according to Clause 7 of the Memorandum of Understanding, the responsibility of the quality of the work was with the implementing agency i.e. NBCC. It was also stipulated in the said MOU that the work is to be completed within the stipulated period as has been stated in the agreement entered in between the State of Jharkhand and NBCC. It was also alleged that several irregularities have been found in the construction of the said Community Health Centres and accordingly the informant has prayed that the local representative of NBCC namely the petitioner as well as the Contractor and other persons who are responsible for the same may be arrayed as an accused of cheating, forgery, criminal breach of trust and, accordingly, an FIR was registered.

Mr. Indrajit Sinha, learned counsel for the petitioners submits that the State of Jharkhand and NBCC entered into a Memorandum of Understanding for construction of 49 Community Health Centres in the State of Jharkhand and out of which land for construction of community health centres were made available to the NBCC only in 23 places. He submits that according to the MOU, the construction of the community health centres is to be completed by NBCC within a period of two years from the date of receipt of 1st installment of advance against the bank guarantee. He further submits that pursuant to that, the NBCC has appointed Pradeep Kumar Bajaj, petitioner in Cr.M.P. No.1352 of 2016to execute certain work on behalf of NBCC. He submits that M.M. Saha @ Madan Mohan Saha, petitioner in Cr.M.P. No.3032 of 2013 is the employee of NBCC. He also submits that the FIR was registered on the point that certain works were defective. He submits that during the liability period, the NBCC has already removed the defects and that has been found correct in the enquiry of 4 Men Committee. He submits that the said report has been brought on record by way of filing supplementary affidavit. By way of referring further documents in the supplementary affidavit, he submits that No Objection Certificate (NOC) is also there and work is said to be completed satisfactorily and, thereafter, request has been made by the competent authority to release the amount and finally the entire amount of construction has been released in favour of NBCC. He submits that till date, charge-sheet has not been submitted.

Mr. Sanjay Kumar Srivastava and Ms. Nehala Sharmin, learned counsel for the State jointly submit that it appears that for not completing the work in accordance with the specification of MOU, the case has been registered.

It is an admitted position that there was Memorandum of Understanding (MOU) with the Government of Jharkhand and NBCC and Pradeep Kumar Bajaj, petitioner in Cr.M.P. No.1352 of 2016 was authorized to execute the work on behalf of NBCC. The allegations are made that certain work was not in accordance with the specification of MOU, however, subsequently the same has been removed by NBCC, which has been found correct by 4 Men Committee, constituted by the competent authority and the said report is on the record, which has been brought by way of filing supplementary affidavit. The documents are also there to suggest that NOC has been issued and request has been made to release the amount in favour of NBCC. The entire amount has been paid to the NBCC. Thus, it appears that the purpose of FIR has already been fulfilled and the State of Jharkhand has already released the entire amount. In view of that, to allow to continue the proceeding will amount to abuse of process of law.

In view of the above facts, reasons and analysis, so far as present petitioners are concerned, the entire criminal proceeding in connection with Masalia P.S. Case No.74/2013, corresponding to G.R. Case No.1409/2013, pending in the Court of the learned Judicial Magistrate, 1st Class, Dumka is quashed.

Accordingly, these petitions are allowed and disposed of.