JUDGEMENT
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(1.) BY the Court. - One Rajiv Sharma had filed a complaint, vide Complaint Case No. 01 of 2009 on 20.1.2009 before the Special Judge, vigilance, Ranchi against four accused persons including Bhanu Pratap Sahi, who was Minister from 7.2.2007 to 12.1.2009 alleging therein that all the accused persons have amassed property disproportionate to their known source of income.
(2.) THE Special Judge on receiving the complaint, sent it before the Vigilance Police Station for its institution and investigation. Accordingly, Vigilance P.S. Case No. 9 of 2009 was registered. Meanwhile, this Court passed an order in W.P.(PIL) No.4700 of 2008 on 4.8.2008 directing the C.B.I to take further investigation in the matter. The C.B.I having taken over the investigation, registered the case as R.C.No. 5(A) of 2010 -AHD -R under Sections 409, 420, 423, 424, 465, 120(B) of the Indian Penal Code and also under Sections 7, 10, 11 and 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act. 1988.
The C.B.I having completed the investigation submitted charge -sheet on 22.12.2011 against the named accused persons as well as against the petitioner No.1, who happens to be cousin sister of the accused Bhanu Pratap Sahi and also against the petitioner No.2, husband of petitioner No. 1 on the allegation that Bhanu Pratap Sahi having connived with the petitioners did purchase 5.42 acres of land at village Hotwasi, Hatia worth Rs.14,55,000/ - by investing his illegal money in the name of petitioner No. 1 and by creating false record, the petitioners . tried to justify the said investment and thereby they actively abetted the principal accused Bhanu Pratap Sahi in acquiring assets in their names from his illegal money.
(3.) ON submission of the chargesheet, cognizance of the offences has been taken against the petitioners under Section 109 of the Indian Penal Code and also under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, vide order dated 3.1.2012 which is under challenge.;
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