IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.8111 OF 2008 BINDU KUMAR, SON OF NAND LAL MALL, AT PRESENT WORKING AS ASSISTANT ENGINEER, N.R.E.P. AND POSTED AS INCHARGE, ESTIMATING OFFICER -CUM- PUBLIC RELATION OFFICER, RURAL DEVELOPMENT, SPECIAL DIVISION II, WEST CHAMPARAN, BETTIAH VERSUS 1. THE STATE OF BIHAR 2. SUNIL KUMAR ROY, SON OF SRI KAPILDEV ROY, RESIDENT OF VILLAGE LAUKARIYA, POLICE STATION BAIRYA, DISTRICT WEST CHAMPARAN AT BETTIAH ……………………………………………………………………..OPPOSITE PARTIES ********* 4 27/08/2009 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. This application has been filed for quashing the order dated 02.01.2008 passed in Complaint Case No. 48 C of 2005 (Trial No. 2627 of 2007) whereby the Judicial Magistrate, 1st Class, West Champaran at Bettiah has taken cognizance for the offences under Sections 409, 420 and 120B of the Indian Penal Code against the petitioner Bindu Kumar who is the Assistant Engineer and one Ram Pravesh Yadav who is the Junior Engineer in the Rural Development Department. The allegation is that the petitioner was to construct two rooms in the Primary School, Vishambhara, District West Champaran. The submission made on behalf of the petitioner is that the allegation as made out in the complaint 2 petition is that from the photographs of the constructed rooms, it would appear that the materials used was sub- standard and a crack in the wall has already development in the rooms constructed by the petitioner, which is vague and unsubstantiated by the said snap shots. It is further submitted that from Annexure-2 which is the report of the Executive Engineer, N.E.R.P., Bettiah dated 20.03.2006, it would appear that infact no crack has developed and the rooms in question have been properly constructed. All these materials can only be considered and brought on record at the time when the charges are framed and this Court cannot consider the report of the Executive Engineer especially when it has to be certified and proper order has to be issued on the said report by the higher officials to the Executive Engineer. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J. )