D.K.SINHA, J. - (1.) THE petitioner has invoked the inherent jurisdiction of this Court under Section 482 Code of Criminal Procedure for the quashment of the order dated 19.12.2006 passed by the Special Judge, C.B.I. -cum -Additional Sessions Judge, VIIIth, Dhanbad in R.C. Case No. 11(A)/2004(D) by which cognizance of the offence was taken against the petitioner under Sections 120B/420/467/468/471 of the Indian 'Penal Code and under Section 13(2) r/w Section 13(1)(d) of the Prevention of Corruption Act, 1988.
(2.) THE prosecution story in short was that the informant reliably learnt to the effect that Shri S.K Chauliya, Scientist -C of Central Mining Research Institute (C.M.R.I.), Dhanbad, D.C. Goswami, Store and Purchase Officer (C.M.R.I.), Dhanbad entered into conspiracy with M/s Allied Technology. 5/15, WEA, Karolbag, New Delhi and others unknown and in pursuance of the said criminal conspiracy and by using their official position, purchased soil and irrigation kit at exhorbitant price causing wrongful loss to C.M.R.I., Dhanbad and wrongful gain to themselves. It was further alleged in the First Information Report that M/s Allied Technology, New Delhi in connivance with the above officers of C.M.R.1. and other unknown, supplied the said Soil Irrigation Kit Model DREL/2010 manufactured by M/s HACH Company, Loveland, Colorado, USA at 'an exhorbitant cost of Rs. 13,78,000/ - against the actual cost of Rs. 3,59,316/ -. It was further alleged that on 16.5.2000 the accused S.K.Chauliya inspected and certified the said item received by D.C. Goswami causing wrongful loss to C.M.R.I. by their act. The C.M.R.I., Dhanbad in that manner was put to wrongful loss to the tune of Rs.10,18,684.00/ - and thereby gains to the accused which constituted offence under Sections 120B/420 of the Indian Penal Code and Section 13(2) r/w Section 13(1)(d) of the P.C. Act, 1988 by Shri S.K. Chauliya, D.C. Goswami, M/s Allied Technology and other unknown, for that the instant case was registered giving rise to R.C. 11(A)/2004 (D) for the investigation under the orders of S.P., C.B.I., Dhanbad. After investigation, the C.B.I. submitted charge -sheet against Shri Swadesh Kumar Chauliya @ S.K. Chauliya, Shri Dulal Chandra Goswami @ D.C. Goswami, M/s Allied Technology, New Delhi through its Chief Executive Officer and Proprietor Shri Gurdev Singh @ G.S. Dang, the petitioner Shri Mrinal Kanti Chakraborty @ M.K.Chakraborty, Shri Jyotish Chandra Saha, Shri Gurdev Singh @ G.S. Dang and Shri Ajay Kumar Singh @ A.K. Singh. The final report submitted by the C.B.I. under Section 173 Code of Criminal Procedure indicated that Shri S.K. Chauliya the then Scientist 'B', Environmental Impact Assessment and Environmental Management Plan (EIA/EMP) and the petitioner Dr. Mrinal Kanti Chakraborty the then Scientist 'El'/HOD, Environmental Impact Assessment and Environmental Management Plan while posted and functioning at Central Mining Research Institute (CMRI), Dhanbad, a constituent lab of CSIR, New Delhi, raised indent NO.1 dt. 5.4.99 for Soil and Irrigation Kit of certain specification. The investigation of the case established that the aforesaid Scientist in pursuance of criminal conspiracy suggested the names and addresses of eight supplier firms but none of the said firms used to manufacture or deal in the Soil and Irrigation Kit of the required specification. It was stated that M/s HACH Company, U.S.A. was the only distributor in India under the name and style M/s Orbit Technologies Pvt. Ltd., Hyderabad but the name of M/s Orbit Technologies was deliberately not given. Besides, sets of charges and allegation made in the final report, it was transpired during investigation that M/s Allied Technology, New Delhi did not supply materials till May, 2000 thereafter M/s Allied Technology procured Soil and Irrigation Kit from M/s Orbit Technology Pvt. Ltd., Hyderabad vide invoice No. 42 dated 15.05.2000 at a cost of As. 3,65,9301 - and supplied the same to C.M.R.l. Dhanbad on 16.5.2000 at the higher price. Shri S.K. Chauliya and Dr. Mrinal Kanti Chakraborty i.e. the petitioner herein issued inspection certificate on the basis of which payment was released to M/s Allied Technology vide cheque amounting to As. 13,78,000/ - and thereby caused wrongful loss to the C.M.A.1. and corresponding gains to themselves. The I.O. commented that alleged facts constituted offence against the accused persons including the petitioner Shri Mrinal Kanti Chakraborty under Section 120B I.P.C. r/w Sections 420/467/468 and 471 of the Indian Penal Code and under Section 13(2) r/w Section 13(1)(d) of the P.C. Act, 1988. On the basis of the police report submitted by the C.B.I., cognizance of the offence was taken on 19.12.2006 by the Special Judge, C.B.I. -cum -Additional Sessions Judge, VIII, Dhanbad in R.C. 11 (A)/2004 (D) under alleged Sections of the charge -sheet as sanctions were obtained for the prosecution of the public servant S.K. Chauliya and the petitioner Mrinal Kanti Chakraborty, by the Director General, CSIR, New Delhi, a competent authority to grant sanction for prosecution in this regard.
(3.) LEARNED Counsel Mr. K.P. Deo appearing for the petitioner assailed the impguned cognizance order dated 19.12.2006 on the sole ground that it was barred under Section 162 Code of Criminal Procedure.;