- (1.) Through this writ application the order dated 14.12.2004 passed in Vigilance case no.51 of 1995 (Special Case no.12 of 1995) under which cognizance of the offence was taken against the petitioner has been sought to be quashed and at the same time, the order granting sanction for prosecution against the petitioner by the Secretary-cum-Legal Remembrancer, Government of Jharkhand has also been sought to be quashed.
(2.) The facts giving rise this application are that one Kamlesh Kumar, the then Superintendent of Police, Vigilance Investigation Bureau, Bihar, Patna on holding preliminary enquiry came to the conclusion, prima facie, that in the year 1989-90, 1990-91 and 1991-92, one Vijay Kant Sahay, the then Divisional Forest Officer, Social Forestry Division, Latehar in conspiracy with other officials of the Forest Department including the petitioner have shown to have received 5% Aldrine manufactured of Nacil Company worth Rs.3,97,000/-from the suppliers, namely, Bhumi Vikas Kendra, Ratu Road, Ranchi but, in fact, the said material had never been purchased, still it was shown to have been purchased from a nonexistent firm by making forgery in the relevant documents and thereby the accused persons caused the State exchequer to a great loss. Having come to that conclusion, the said Kamlesh Kumar, the then Superintendent of police submitted a written report, upon which Vigilance case no.51 of 1995 (Special Case no.12 of 1995) was registered under Sections 420, 467, 468, 471, 409, 201, 109 and 120B of the Indian Penal Code and also under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act against 13 named accused persons including the petitioner.
(3.) The vigilance after investigating the case did find the allegation, prima facie, to be true against the accused persons including the petitioner and submitted its report on 9.12.2004 after obtaining the order of sanction for the prosecution against the public servants including the petitioner. Upon which learned Special Judge, Vigilance, Ranchi, vide its order dated 14.12.2004 took cognizance of the offences under Sections 420, 467, 468. 471, 409, 109 and 120B of the Indian Penal Code and also under Section 13(2) readwith Section13(1)(d) of the Prevention of Corruption Act. Being aggrieved with the said order, this writ application has been filed praying therein to quash the order taking cognizance and also the order under which sanction for prosecution was accorded by the Secretary-cum-Legal Remembrancer, State of Jharkhand against the petitioner.;