- (1.) Invoking the inherent power of this Court as incorporated under Section 482 of the Code of Criminal Procedure (in short "the Code"), the petitioner has prayed for quashing of entire criminal proceeding as well as the order dated 12.04.2013 taking cognizance of offence under Sections 120 -B and 409 of I.P.C. as also under Sections 13 (2) read with Section 13(1)(d) of Prevention of Corruption Act in connection with R.C. Case no. 11(A) of 2011 -D.
(2.) Bereft of unnecessary details, the facts, which is relevant for the proper adjudication of the issue involved in this criminal miscellaneous petition, in short, is that at the instance of the Superintendent of Police, C.B.I./ACB/Dhanbad, the aforesaid case was instituted under Sections 120 -B read with Section 420 and 409 of I.P.C. and also under Sections 13 (2) read with Section 13(1)(d) of Prevention of Corruption Act against several accused persons including the petitioner, who was posted as General Manager in Kustore Area, BCCL, Dhanbad with the allegation that information has been received from reliable source that the petitioner and other accused persons conspired among themselves and abusing their respective official position as Public Servant dishonestly misappropriated 3,02,246.121 MT of coal stock during check period 2009 -11. Whereafter, physical measurement of the coal stock at Rajapur Open Cast Project, Kustore Area was carried out by a team of officials of C.B.I. and B.C.C.L. Vigilance in assistance with Technical Survey Officers and during their joint surprise checking, coal stock to the tune of 3,11,052.879 MT was physically found, whereas, as per records, the book stock of coal was 6,13,299 MT on 02.08.2011. So, there was a noticeable shortage of coal to the tune of 3,02,246.121 MT causing loss of Rs.54 crores and odd to Bharat Coking Coal Limited and corresponding wrongful gain to themselves and others. The shortage was beyond the permissible limit of 5% as per the provisions contained in the Code for Uniform System of Maintenance, Control and Verification of Coal Stock (commonly known as "Yellow Book") issued by CIL during January 1992. The General Manager, Agent/Project Officer and Manager of the concerned colliery were held to be responsible for coal shortage in view of the clause 66 (iv) of the said "Yellow Book".
(3.) After investigation, C.B.I. submitted the detailed charge - sheet stating therein that investigation as prima facie establish that this petitioner along with Shailendra Kumar Singh - the Project Officer and Sunil Kumar Pathak Manager posted in Rajapur Open Cast Project, Kustore Area, Dhanbad entered into a criminal conspiracy among themselves and in furtherance of the said criminal conspiracy, they dishonestly mis -appropriated 2,83,044 MT approximately i.e. 47% of coal of ROCP Kustore Area worth Rs. 27,80,08,647.74 approx, which was entrusted to them in their dominion and control in their respective capacities as public servant but they abused their respective official position as public servant. The sanction for prosecution of the petitioner and other two accused persons are accorded by the competent authority and are enclosed with the charge -sheet.;