MENON EKKA @ MENON UJJANA EKKA Vs. STATE OF JHARKHAND
LAWS(JHAR)-2013-12-19
HIGH COURT OF JHARKHAND
Decided on December 13,2013

Menon Ekka @ Menon Ujjana Ekka Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) ONE Kumar Binod had filed a complaint, vide Complaint Case No.2 of 2008 before the Special Judge, Vigilance, Ranchi against Hari Narayan Rai and Anosh Ekka, former Ministers alleging therein that both of them have amassed properties disproportionate to their known source of income. The Special Judge on receiving the complaint sent it before the Vigilance Police Station for its institution and investigation.
(2.) ACCORDINGLY , Vigilance P.S case no.26 of 2008 was registered, On completion of investigation, Vigilance submitted charge sheet against both of them. Thereupon 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 registered the case under Sections 406, 409, 420, 423, 424, 465, 120(B) of the Indian Penal Code and also under Sections 11/13(2) read with Section 13(1)(e) of the Prevention of Corruption Act as R.C. No.4(A)/2010/AHD-R took up the matter for further investigation. The C.B.I having completed investigation submitted charge sheet on 27.1.2012 against the named accused persons Anos Ekka and also against Menon Ekka @ Menon Ujjana Ekka (wife of Anos Ekka- petitioner in Cr.M.P.No.1680 of 2012)as well as Jaykant Bara, cousin of Smt. Memon Ekka as also against Ibrahim Ekka (petitioners no.1 and 2 in Cr.M.P.No.2206 of 2012) alleging therein that Anosh Ekka has acquired assets worth Rs.57.01 crore including the landed property and a Majestic Bungalow disproportionate to his known source of income. Anosh Ekka after becoming a Minister floated a construction company, namely, M/s. Ekka Construction Pvt. Ltd to which Smt. Menon Ekka wife of Anosh Ekka and Sri Jaykant Bara, cousin of Smr. Menon Ekka were Directors. Anosh Ekka has acquired most of his assets either in his name or in the name of his wife, brother and even other relatives and associates. M/s. Ekka Construction Pvt. Ltd. got huge works order from the Rural Development Department which was under the control of Anosh Ekka and Rural Works Department which was under the control of other accused Hari Narayan Rai. The income declared by M/s. Ekka Construction Pvt. Ltd does not match the assets found in his name. The income tax return and audit report of this company showed huge amount as trade liability. An effort had been made by the accused to adjust huge asset against this liability but the claim of liability was found to be bogus.
(3.) DURING investigation it was found that Anosh Ekka had acquired land situated at Fatehpur Dehri, New Delhi and a house in the name of Dipak Lakra for which the money was transferred from the account of M/s. Ekka Construction Pvt. Ltd. N.S.Cs and K.V.Ps of substantial amount had been purchased in the name of the petitioner and others. That apart, huge investments were made by Anosh Ekka in the post office in the name of Smt. Memon Ekka and Jaykant Bara which had been deposited as security with the Executive Engineer of Rural Works Department and Rural Development Department on behalf of M/s. Ekka Construction Pvt. Ltd. M/s. Ekka Construction Pvt. Ltd has mentioned in its income tax return to have received huge amount as shareholders' money.;


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