Anant Bijay Singh, J. - (1.) The petitioner is apprehending his arrest in connection with Spl. Case No.02(A)/2011, arising out of Vigilance P.S. Case No.02/2011, registered under Sections 409, 420, 547, 468, 471, 477(A), 120(B) of the IPC and Section 13(2) read with Sections 13(1)(c)(d) of the Prevention of Corruption Act lodged on the basis of one written report given by S.K.Sinha, Secretary, Jharkhand State Electricity Board, Ranchi.
(2.) It appears that on 29.08.2017, when the case was called out, learned counsel for the petitioner while referring to Annexure-13 of the anticipatory bail application submitted that Final Form has been submitted by ACB before Special Judge, ACB, Ranchi vide Final Form No.28/2016 dated 12.04.2016, but till date, learned Special Judge has not taken cognizance against this petitioner, so a report was called for from the court of Sri Ashutosh Dubey, J.C.-II-cum-Special Judge, ACB, Ranchi or its successor court about the status as to whether he has taken cognizance against the petitioner or not if not, what prevented him from taking cognizance and matter was directed to be listed for 14.09.2017.
(3.) On 14.09.2017, the required report being Lt. No.487, dated 11.09.2017 submitted by Santosh Kumar-II, Special Judge, ACB, Ranchi was received, which reveals that F.I.R of the above subject Vigilance P.S. Case No.02 of 2011, registered on 20.01.2011 for the offence registered under Sections 409, 420, 547, 468, 471, 477(A), 120(B) of the IPC and Section 13(2) read with Sections 13(1)(c ) (d) of the Prevention of Corruption Act against 08 named accused persons and others. The Charge-sheet No.28/16 dated 12.04.2016 was submitted on 12.04.2016 and since then the record was being adjourned for consideration of such charge-sheet. The case record was adjourned from 13.04.2016 to 06.09.2017 and he has taken charge of that court on 07.08.2017 and the record was put up before him first time on 04.09.2017, when the order of the Hon'ble Court was received and the office was directed to put up all the materials, record and documents at once. The same was produced on 06.09.2017 and the cognizance has been taken on 06.09.2017.;