R.R. Prasad, J.

1. This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 9.3.2006 passed by Chief Judicial Magistrate, Koderma whereby and where under cognizance of the offence under Sections 420 and 408 of the Indian Penal Code has been taken against the petitioner and others.

2. Before adverting to the submissions made on behalf of the parties the fact giving rise this application needs to be notice of.

It appears that opposite party No. 2 lodged a complaint alleging therein that when he came to know that a scheme for construction of Morang/soil road from village Jamkati to Pogdanda has been sanctioned, he met petitioner posted as Block Development Officer, Chandwara Block who asked him to meet with the Head Clerk Girja Prasad and the Assistant, Jitendra Kumar and thereupon when he met with those two persons, they asked for money in lieu of appointing him as an agent for execution of the said scheme and thereupon the complainant managed Rs. 30,000/- which was given to be said Girja Prasad and Jitendra Kumar in presence of two witnesses and then two persons advised the complaint to get an agent nominated for executing