R.R.PRASAD,J. - (1.) HEARD learned senior counsel appearing for the petitioner and the learned counsel for the State.
(2.) THIS application has been filed for quashing of the First Information Report of Special Case No. 59/2010, arising out of Khunti P.S. Case No. 112/2010, which has been instituted under Sections 161, 406, 409, 420, 467, 468, 471/34 of the Indian Penal Code and also under Section 7/13 (id) of the Prevention of Corruption Act. Learned senior counsel appearing for the petitioner submits that under an Scheme whereby a Stadium was to be constituted at Torpa, Khunti, Departmentally. This petitioner being an Assistant Engineer, advanced a sum of Rs. 50 lakhs by way of cheque to the Junior Engineer for construction of the Stadium. The work, for some reason or the other, got stopped. In the meantime, the petitioner got transferred from there but the Junior Engineer did not deposit the said amount with the Department. Subsequently, the Junior Engineer also got transferred and then a case was lodged as Ranchi (Kotwali) P.S. Case No. 411/2010. That case was investigated upon, whereby the Investigating Officer did find the culpability only on the part of the Junior Engineer whereas no culpability was found on the part of this Petitioner and, hence, the final form exonerating the petitioner from the accusation, was submitted. In course of time, when the Junior Engineer did not deposit the said amount, a departmental proceeding was ordered to be initiated against him. At the same time, an FIR was also lodged as Khunti P.S. Case No. 112/2010, under Sections 161, 406, 409, 420, 467, 468, 471/34 of the Indian Penal Code and also under Section 7/13 (id) of the Prevention of Corruption Act, not only against the said Junior Engineer, but also against this petitioner and other Engineers.
(3.) IN course of time, that case was transferred to the Court of Vigilance so that the Vigilance may take over the investigation of the case for the same set of the allegations, which were the subject matter of the earlier case lodged at Ranchi. Accordingly, Special Case No. 59/2010 was registered, which cannot be allowed to be maintained in view of the decisions rendered in the case of "T.T.Antonyversus State of Kerala & Others", reported in (2001) 6 SCC 181 as well as "Babubahaiversus State of Gujrat" and Other, reported in (2010) 12 SCC 254". Therefore, the second case being Khunti P.S. Case No. 112/2010, giving rise to Special Case No. 59/2010 be quashed.;