JUDGMENT :

Heard Mr. Sumeet Gadodia, learned counsel for the petitioner and Mr. Kaushik Sarkhel, learned counsel for the State.

2. This petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent these matters have been heard.

3. The present petition has been filed for quashing of order dated 31.01.2020 passed by learned Additional Sessions Judge-V, Deoghar in Criminal Revision No. 125 of 2015 wherein the Revision Application filed by the petitioner challenging the order dated 02.06.2015 passed by the learned Judicial Magistrate, Deoghar in Deoghar Town P.S. Case No. 127 of 2009, corresponding to G.R. Case No. 315 of 2009 wherein the application filed by the petitioner for discharge under section 239 Cr.P.C. has been dismissed. Further prayer has been made for quashing of order dated 02.06.2015 passed by the learned Judicial Magistrate, Deoghar in the aforesaid case whereby the application filed by the petitioner for discharge under section 239 Cr.P.C. has been dismissed.

4. The F.I.R. has been lodged on the basis of written application of the Executive Engineer, Road Division, Deoghar stating therein as under:-

It has been stated that during the tenure of one Shri Santosh Kumar Singh, the then Executive Engineer, an agreement bearing No. 9F2/2007-08 was entered into with one Ram Kripal Singh Construction Private Limited for the work of widening and strengthening of Sarath Palajore Road.

It is alleged that during the execution of the said work, the work of the contractor was being supervised and entry with respect to the supervision of the work, was entered in the Measurement Book.

It is further alleged that on the basis of entry made in the measurement book, preparation of bills were made, checking of the bills were done, passing of bills were undertaken and thereafter preparation of cheques were being made by all the accused persons named in the F.I.R. including the present petitioner.

It is further alleged that the contractor in connivance with the accused persons got defective works executed which were not as per specification and in order to conceal the said evidence, regarding payment made towards defective work, measurement book bearing no. 2896 was made traceless.

It is further alleged that even the representative of the contractor used to exert pressure for payment of defective contract work upon the department.

On the basis of these premises, F.I.R. being Deoghar Town P.S. Case No. 127 of 2009 dated 16.04.2009 for the offence under sections 406/409/420/467/468/471/201/506/508/120B of the I.P.C. has been registered.

5. Mr. Sumeet Gadodia, learned counsel for the petitioner submitted that petitioner is an employee of the office of the Principal Accountant General (A & E), Jharkhand and at the relevant point of time, the petitioner was posted as Divisional Accounts Officer in Road Division, Deoghar between the period 14.08.2008 and 18.08.2009. He further submitted that under the provision of Bihar Public Accounts Code, the petitioner was posted as Divisional Accountant by the office of the Accountant General, Jharkhand to assist the Divisional Officer/Executive Officer in the Division in discharge of its responsibility. He further submitted that the petitioner is not required to supervise in any manner comment upon the quality and otherwise of the work to be executed by one or the other departments of the State Government including Road Construction Department. He further submitted that his role is limited to the extent of verifying the bills submitted by concerned engineers of the department by carrying out arithmetical calculation of the work undertaken by taking into consideration the work of the said contractor entered in the Measurement Book and the rates agreed to be paid to such contractor. He further submitted tha