Ravi Nath Verma,J. - (1.) Invoking the inherent power of this Court under Section 482 of the Code of Criminal Procedure (in short the Code ), the petitioner has prayed for quashing of the order taking cognizance dated 13.12.2012 passed by Special Judge, Vigilance, Ranchi as well as the entire criminal proceeding in connection with Special Case no. 15A of 2009 arising out of Vigilance P.S. Case no. 11 of 2009.
(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 one Vinit Kachhap, a complaint case no. 02 of 2009 was lodged in the court of learned Special Judge, Vigilance, Ranchi against one Nistar Minz and Nalini Soren with the allegation that in the year 2003, on a tender invited by Agriculture Department, Government of Jharkhand, various reputed institutions of the country had applied for supply of seeds but on the order of the then Director, Agriculture, order of supply of seeds was given to an unknown institute namely West Bengal Pharmaceutical and Photo Chemical Development Corporation Limited with an intention to misappropriate public fund. There are several other allegations how the then Director, Agriculture from the year 2003 to 2006 misappropriated the Government fund. Reference of some of those allegations are given herein below : (i) The price of wheat, Chana and Masur which were quoted as Rs. 600, 1,600/- and Rs. 2,000/- per quintal in the earlier letter dated 02.09.2003 of the Director when the tender was floated for supply of materials but the Director, Agriculture while issuing the supply order quoted a different price as Rs. 1,000/- per quintal for wheat, Rs. 8,000/- per quintal for Chana and Masur. (ii) During the financial year 2004-05, 2005-06 and 2006-07, decision was taken to purchase seeds from reputed institution but the work order was given to an unknown institution, which was not in existence. Those seeds were never supplied but the public fund was mismanaged and misappropriated. (iii) One Scheme namely Akashmik Fasal Yojna was introduced for the benefit of farmers by investing Rs. 2,20,44,200 /- vide letter no. 2084 dated 30.09.2005 but the benefit of that scheme was never given to the farmers of the Jharkhand. (iv) In the year 2006, Saunkar (hybrid) Paddy Seeds Kraya Yojna was introduced and order of supply was given to M/s. Nafed and NARAMAC without considering their legal existence. Those companies were never involved in developing Saunkar seeds (hybrid seeds) but supply order was given to them with intention to cheat and misappropriate the public money. (v) The Director, Agriculture with an intention to misappropriate the public fund directed Zila Bhumi Sanrachhan Padadhikari (District Land Conservation Officer) to introduce a scheme for purchase of Paddy Seeds and work order dated 26.06.2006 was issued for supply of Paddy Seeds at the price of Rs. 19,000/- per quintal but the supply order was issued without mentioning the quality of seeds, which shows the malicious intention and misuse of public fund. Likewise several other allegations of purchase of item are also made in the FIR with intention to misappropriate the public money. The said complaint was referred to the Vigilance Police Station, where after, Vigilance P.S. Case no. 11 of 2009 was registered under Sections 406, 409, 420, 423, 424, 465 and 120-B of I.P.C. as also under Sections 11, 12, 13 and 15 of the Prevention of Corruption Act (in short the PC Act ).
(3.) After investigation, the Investigating Officer finding sufficiency of materials submitted the charge-sheet against the petitioner and other accused persons after obtaining the order of sanction from proper authority. Thereafter, the learned Special Judge, Vigilance, Ranchi vide order dated 13.12.2012 took cognizance of offence under Sections 406, 409, 420, 423, 424, 465, 467, 468, 471 and 477A of the Indian Penal Code and also Under Sections 11, 12, 13 and 15 of P.C. Act.;