D.K.SINHA,J. - (1.) THIS Cr. Rev. is directed against the orders dated 5.9.2007 and 10.12.2007 passed by the Special Judge, Vigilance Ranchi in Special Case No. 29 of 2004 whereby and whereunder the discharge petitions filed on behalf of the petitioner on 30.4.2007 and 18.8.2007 were rejected by order dated 5.9.2007 and the charge was framed against him on 10.12.2007.
(2.) THE prosecution story in short was that the informant Uday Nath Dubey was running M/s U. Enterprises which used to supply the vehicles on hire to the Headquarter of Jharkhand State Electricity Board. He presented a written complaint before the Superintendent of Police (Vig) Bureau, Ranchi stating interalia that the bills raised as against supply of the vehicles on hire to the Headquarter of Jharkhand State Electricity Board used to be disbursed on the recommendation of the Electrical Executive Engineer against the sanction order of the Joint Secretary -II. The bills up to 31.3.2004 were paid to him which were sanctioned by the Joint Secretary -II yet, for the bills raised between the period 31.3.2004 till the presentation of the complaint on 25.11.2004, the informant pursued for sanction and disbursement of his pending bills which were finally sent to the Joint Secretary -II petitioner herein, after recommendation of the Executive Engineer and Superintendent Engineer according to prescribed rules. The informant then approached the petitioner Siyawar Singh Joint Secretary -II, JSEB, who in turn demanded gratification of Rs. 15,000/ - for sanction of bills for three vehicles and again Rs. 800/ - per month per vehicle. On 25.11.2004 the informant when approached the petitioner for sanction of the pending bills, it was alleged that the petitioner became ready to do his work against gratification at Rs. 10,000/ - but as the informant was not inclined to gratify the petitioner, he lodged a written complaint before the S.P., Vigilance Bureau, Ranchi on 25.11.2004 and a preliminary enquiry was directed to be conducted and upon being satisfied prima facie with allegation, a trap was laid and the petitioner was apprehended, accepting bribe of Rs. 10,000/ - from the informant on 27.11.2004. The Investigating Officer obtained sanction order under Section 197 of Cr.P.C. and submitted charge sheet against the petitioner under Sections 7 and 13(2) read with Section 13(1)(d) of Prevention of Corruption Act 1988. The learned Special Judge (Vig) took cognizance of the offence under Sections 7, 13(2) r/w 13(1)(d) of the prevention of Corruption Act 1988. The petitioner preferred W.P.(Cr) No. 65 of 2007 before this Court challenging the sanction order dated 26.4.2006 and the cognizance order dated 3.6.2006. The aforesaid writ was ultimately withdrawn. After investigation of the case the prosecution submitted charge sheet against the petitioner for the offence under Sections 7 and 13(ii) read with Section 13(1)(d) of the Prevention of Corruption Act 1988. The Special Judge, Vigilance having been satisfied with the prima facie materials on record took cognizance on 3.6.2006 under Sections 7, 13(ii) and 13(1)(d) of the Prevention of Corruption Act. During the pendency of such writ petition the petitioner filed a discharge petitions under Section 227 of Cr.P.C on 30.4.2007 and 18.8.2007 but the same was rejected on 5.9.2007 by the Special Judge(Vig) Ranchi in Special Case No. 29 of 2004 which is under challenge herein.
(3.) MR . Manoj Kumar Tandan, the learned Counsel submitted that the written complaint against the petitioner was lodged on 25.11.2004 and the so -called sanction for prosecution against the petitioner was granted on 26.4.2006 under Section 197 Cr.P.C. which did not refer any resolution of the Jharkhand State Electricity Board (Herein after referred to as the 'Board') whereby the sanction was accorded.;