- (1.) THIS revision application has been filed for quashing of the order dated 20.12.2011 passed by the Special Judge, C.B.I, Dhanbad in R.C.No.10A/11D whereby and whereunder petition for discharge filed on behalf of the petitioner under Section 239 of the Code of Criminal Procedure was rejected.
(2.) THE case of the prosecution is that when allegation was received that officials of the BCCL of Kustore Area have manipulated the coal stock by mixing soil/stone and overburdened, the officials of C.B.I conducted surprise check at Rajnagar O.C.P. During verification, the petitioner, G.M, Kustore Area, B.C.C.L was also present, who in the evening on 3.8.2011 asked one Shyam Lama, Police Inspector, C.B.I to see him in connection with shortage of coal stock. On the next morning, the petitioner contacted the complainant on his official phone and offered him illegal gratification of Rs.5 lac for favourable report from the joint surprise check team in respect of the coal stock. Immediately, the complainant reported the matter to the S.P, C.B.I. The S.P, C.B.I got the matter verified and found the allegation to be true. Accordingly. F.I.R was drawn under Section 12 of the Prevention of Corruption Act. Thereupon a trap team was constituted. Further case is that on 4.8.2011, the petitioner arrived at railway siding on his official vehicle where the measurement of coal stock was going on. There the petitioner asked Sri Shyam Lama to come to Kustore Guest House. Accordingly, Shyam Lama proceeded to the Guest House. While he was proceeding to the Guest House, he received a call of the petitioner in his Mobile whereby request was made to wait inside the car just outside the entrance gate of Kustore Guest House. After receiving the call, he acted in the same manner. Accordingly, the complainant Sri Shyam Lama waited for him in his car where the petitioner came and asked Sri Lama not to show shortage of coal more than 5% and then took out bundle of currency note and offered the same to Sri Lama. Immediately he was intercepted and the currency notes were recovered.
(3.) AFTER completion of investigation, when charge sheet was submitted, cognizance of the offence was taken under Section 12 of the Prevention of Corruption Act. Thereupon an application for discharge was filed which was rejected, vide order dated 20.12.2011.;