NIRANJAN ROY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner and learned counsel appearing for the Vigilance. This application has been filed for quashing of the first information report of Vigilance P.S. Case No. 2 of 2011 (Special Case No. 2 of 2011) registered under Sections 409/420 /467 /468 /471 /477A /120-B of the Indian Penal Code and also under Section 13(2) read with Section 13(1)(c)(d) of the Prevention of Corruption Act as well as order dated 07.02.2013 whereby and whereunder warrant of arrested has been ordered to be issued against the petitioner.

(2.) Learned counsel appearing for the petitioner submits that presently he will not be pressing the prayer whereby first information report has been sought to be quashed rather he would be pressing the matter for quashing of the order under which warrant of arrest has been issued and also the order whereby process has also been ordered to be issued under Section 82 Cr.P.C.

(3.) Learned counsel appearing for the petitioner submits that the petitioner is an accused in a Vigilance Case No. 2/2011, which has been lodged on the allegation that the accused persons including this petitioner in connivance with each other, put Jharkhand State Electricity Board to heavy loss by making payment of the huge amount to the Contractor M/s. Ramjee Power Construction Limited. The Vigilance, having registered the case, took the matter for investigation and has been doing investigation right from the year 2011. During which period, the petitioner, being Director Finance, JSEB was discharging his duties. Suddenly, a requisition was filed by the Investigating Officer on 07.02.2013 before the court concerned, wherein it has been stated that an FIR has been lodged against the accused persons including this petitioner wherein allegation has been made that the accused persons in connivance with each other, put Jharkhand State Electricity Board to a heavy loss, by making payment to the Contractor M/s. Ramjee Power Construction Limited, when award was given in his favour by the Arbitrator, who should not have been appointed and the petitioner was instrumental in getting an Arbitrator appointed. On such accusation, prayer was made to issue warrant of arrest against the accused persons. On such requisition, an order was passed on 07/02/2013, whereby warrants of arrest were ordered to be issued against the petitioners.