RONGON MUKHOPADHYAY,J. - (1.) Heard Mr. A.K. Kashyap, learned senior counsel for the petitioner and Mr. Shailesh Kumar Singh, learned counsel for the Anti Corruption Bureau.
(2.) In this application, the petitioner has prayed for quashing of the entire criminal proceedings in connection with Vigilance P.S. Case No. 48 of 2015 including the order dated 7.12.2015 passed by the learned Special Judge, Vigilance, Ranchi, whereby and whereunder cognizance has been taken for the offences punishable under Sections 7/13(2) read with Section 13(1)(d) of the Prevention of Corruption Act.
(3.) An FIR was instituted based upon a complaint by one Tarak Nath Mandal, who is a Para Teacher in Upgraded Middle School, Behrakudi, Nala, Jamtara in which it was alleged that he was deputed as a Secretary by the District Superintendent of Education-cum-District Programme Officer for construction work in various schools and an amount of Rs. 8,50,000/- was estimated as the cost of construction of a building of Upgraded Middle School, Behrakudi, Nala. It is alleged that out of the estimated amount, an amount of Rs. 6,43,000/- was withdrawn by the complainant and for withdrawal of the rest amount, the commission of Rs. 50,000/- by way of illegal gratification was demanded by the petitioner. It is alleged that on 14.7.2015, the informant had gone to the private house of the petitioner and heard the conversation between the petitioner and the complainant-para teacher, wherein it was detected that an amount of Rs. 50,000/- was demanded from the complainant-para teacher. Subsequent to the verification of the complaint made by the para teacher, a trap team was constituted and on 17.7.2005, the house of the petitioner was raided and the tainted currency note to the tune of Rs. 30,000/- was recovered from the person of the petitioner. After conducting an investigation, having found the allegation to be true charge-sheet was submitted against the petitioner pursuant to which vide order dated 7.12.2015, cognizance was taken for the offences punishable under Sections 7/13(2) read with Section 13(1)(d) of the Prevention of Corruption Act.;