Anil Kumar Choudhary, J. - (1.) Heard the parties through video conferencing.
(2.) It is submitted by Mr. A.K. Das, the learned counsel for the petitioner that this petition has been filed invoking the jurisdiction of this Court under section 482 Cr.P.C. with a prayer to quash the entire criminal proceeding in connection with RC Case No. 20(A)/95 (D) dated 17.10.1995 including the order dated 01.02.2001 whereby and where under, the learned Special Judge , CBI Dhanbad has taken cognizance of the offences punishable under Sections 120 B, 420, 465, 468 and 471 of the Indian penal Code and also under Section 13 (2) read with Section 13 (1)(d) of the Prevention of Corruption Act corresponding to Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947, now pending in the court of learned Special Judge-cum-Additional Sessions Judge IV, Dhanbad.
(3.) It is next submitted by Mr. Das that this case is based upon an F.I.R., in which allegations were levelled against the co-accused public servants who are the accused nos. 1 to 5 on the petitioner's firm which was awarded the contract work relating to coal transportation and operation of Alakdiha Stockyard, BCCL. It is next submitted by Mr. Das that after investigation, charge sheet was submitted inter alia against the petitioner for having committed the said offences and consequent upon that learned Special Judge, CBI took cognizance of the said offences. It is next submitted that the allegation against the petitioner and other accused persons relating to the processing, approval, award and execution of a particular contract job of BCCL namely transportation of coal and operations of Alakdiha Stockyard of the said BCCL in favour of the petitioner firm which took place between the period of May, 1986 and November, 1990 and the execution of the job was completely over. After cognizance numerous inconsistencies were found in the charge sheet and several facts were not brought in the said charge sheet. When the matter was brought to the knowledge of C.B.I., Dhanbad the agency realized that suppression of vital facts to the court may lead to expose the wrong doing of the C.B.I. during the trial and may lead to a major embarrassment to the C.B.I. The C.B.I., Dhanbad therefore resorted to face saving exercise and approached the learned court in the month of March, 2003 praying for grant of permission for carrying out a further investigation in connection with this case under Section 173(8) Cr.P.C.;