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1997 Supreme(Cal) 443

Dibyendu Bhusan Dutta
K. K. Kumaran – Appellant
Versus
Nabin Chandra Thakkar – Respondent


Advocates Appeared:
Dilip Kumar Dutta, Kazi Mohammad Ali, V. Raja Rao, Arup Chatterjee, Miss Aparajita Das for the petitioner
Y. Dastoor, Prabin Kumar Mitra for the opposite Party.

JUDGMENT

Dibyendu Bhusan Dutta, J.

The instant application under s. 482 of the Code of Criminal Procedure is directed against the proceeding being C.R. Case No. 9 of 1997 under Ss. 161, 167, 420, 422 of the IPC pending before the Second Court of Judicial Magistrate, Midnapore.

2. The petitioner is working as senior Project Manager, South Eastern Railway, Kharagpore. On 9.12.96, the opposite party filed a petition of complaint in the Court of Chief Judicial Magistrate, Midnapore against the petitioner on the following allegations. The complainant is a registered government contractor and an enlisted contractor of South Eastern Railway. The Chief Project Manager, South Eastern Railway, Gardenreach, Calcutta invited a tender for construction of overhead storage tank and also for sinking deep tube-well at Kharagpore complex. The total estimated amount for the project was Rs. 44,48,821/-. The tender of the complainant was accepted. The complainant had executed a part of the work as per directions given by the petitioner and submitted a bill for Rs. 11,90,000/- to the petitioner. The petitioner asked for a bribe of Rs. 30,000/- which was given by the complainant, but even then the petitione










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