Rakesh Ranjan Prasad, J. - (1.) THIS application has been filed for quashing of the entire criminal proceedings of RC No. 04(A)/2010 -AHD -R(C) including the order dated 11.12.2012, passed by the Special Judge, CBI, Ranchi, whereby and whereunder cognizance of the offences punishable under Section 120B, 193, 420 of the Indian Penal Code and also under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 has been taken against the petitioner.
(2.) THE fact of the case giving rise to this application is that a complaint case bearing Complaint Case No. 02 of 2008 was lodged by the complainant before the court of Vigilance, Ranchi alleging therein that the then two ministers namely, Hari Narayan Rai and Enos Ekka, have acquired huge properties by abusing their official positions. The said complaint was sent before the Vigilance police station for its institution and registration. Accordingly, it was registered as Vigilance P.S. Case No. 26 of 2008. While the matter was being investigated by the Vigilance, an order was passed on 4.8.2010 by this Court in W.P. (PIL) Nos. 4700/08 and 2252/09, whereby the CBI was directed to take over the investigation of the said case. Accordingly, the CBI took over the investigation of the case. During investigation, it was found that said Enos Ekka has also acquired properties in the name of his wife -Menon Ekka fraudulently and mischievously in connivance with the DCLR, Circle Officer, Circle Inspector -Town Anchal (petitioner) and Karamchari. During investigation, it was also found that the seller submitted an application for granting permission to sell a piece of land stating therein that the purchaser does have landed property in the area situated within Chutia police station. It also accompanied a check slip wherein one of the columns, seeking information as to whether the purchaser does have land, was kept blank purposely. On receiving said application, DCLR asked the Circle Officer to submit report. The Circle Officer called for a report from the Karmchari who submitted a report to the petitioner, Circle Inspector -Town Anchal, to the effect that the purchaser does have land in the area situated within Chutia police station. The petitioner (Circle Inspector -Town Anchal) by making an endorsement to the effect that the purchaser and the seller, both the members of Scheduled Tribes community, are the residents of the area situated within same police station, made recommendation for giving permission to the seller to sell the land to the purchaser. The said report was submitted to the DCLR who granted permission to the seller for selling the land to Smt. Menon Ekka though Smt. Menon Ekka in fact has no land in the area situated within Chutia police station.
(3.) AFTER completion of the investigation, charge -sheet was submitted against the Karmchari, Circle Inspector, Town Anchal (petitioner), Circle Officer as well as other authorities for commission of the offences punishable under the Indian Penal Code as also under the Prevention of Corruption Act alleging therein that the accused persons including the petitioner by abusing their official position put the purchaser in advantageous position and thereby committed offences punishable under Section 120B, 193, 420 of the Indian Penal Code and also under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988.;