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SANDEEP KUMAR
Kumari Himani, W/o Prashant Kumar Prasoon – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Kushagra Raj, Mr. Ashok Kumar, Advocate
For the Respondent:Mr. Satyendra Narayan Singh, MR. Bajarangi Lal, Advocate

JUDGMENT :

This application has been filed for quashing of the orders dated 17.08.2021 and 03.11.2021 passed by learned Chief Judicial Magistrate (incharge), Sasaram, in Sasaram Town P.S. Case No.156 of 2021, by which the learned Magistrate has cognizance against the petitioner for the offence under Sections 409, 420, 467, 468, 471, 477-A and 120-B of the Indian Penal Code.

2. The prosecution case is that pursuant to the letter of the Executive Officer, Nagar Parishad, Sasaram, the District Magistrate constituted a Committee headed by Additional District Magistrate, Rohtas to conduct an enquiry regarding seven departmental projects executed in Ward No.11. Accordingly, the said committee enquired and submitted its report. Pursuant to the said report, the District Magistrate vide letter dated 19.02.2021 directed that in the enquiry it has come that the concerned projects have been shown to be executed few years ago under different funds but in the measurement book, it has been shown that the projects have been completed in the year 2019-20, which appears to be a case of siphoning off Government fund. Accordingly, the present F.I.R. has been lodged against the petitioner and other accus

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