B.B.MANGALMURTI, J. - (1.) Instant application has been filed for quashing of the order dated 16.07.2018 passed by Shree A.K. Mishra, learned Special Judge, C.B.I., Ranchi in connection with R.C. Case No.12(A)/2014-R and C.B.I. may be directed to supply all the documents as sought by the petitioner in his application dated 07.07.2018 filed under Section 91 of the Code of Criminal Procedure.
(2.) The prosecution case, as mentioned in the F.I.R., in short, is that an information has been received from a reliable source that Shri Darlando Thanmi Khathing, the then Vice Chancellor, Central University of Jharkhand (CUJ), Ranchi, Jharkhand, Narendra Pal Garg, OSD (Project), Central University of Jharkhand, Ranchi, Jharkhand entered into a criminal conspiracy with the Proprietors/Directors of four private firm viz. M/s Anil Associates, New Delhi, M/s Space Ace, Gurgaon, M/s Gray Parikh Architects Pvt. Ltd., Ahmedabad, M/s Sandeep Shikre Architects and Associates, Mumbai, Maharastra and other unknown during the period 2010 to 2014 and committed the offences of cheating/forgery, using forged/fake documents as genuine and criminal misconduct and in pursuance thereof by abusing their official position caused a wrongful gain of Rs.1,92,08,774/- (Approx) to the above mentioned private firms and corresponding wrongful loss to the Central University of Jharkhand, Ranchi in the matter of award of consultancy work for preparation of master plan and comprehensive architectural building designing and engineering design for the permanent campus of Central University of Jharkhand, Ranchi on the basis of bogus/fake documents and by making fraudulent payments to the said firms. On the basis of said report, prosecution case has been instituted bearing RC No.12(A)/2014-R dated 31.10.2014 under Sections 120B , 420 , 468 and 471 of the Indian Penal Code and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act against six persons including this petitioner. C.B.I. submitted charge sheet against four persons including the petitioner and rest of the two namely M/s Gray Parikh Architects Pvt. Ltd. and M/s Sandeep Shikre Architects and Associates were not named in the charge-sheet.
(3.) Learned counsel appearing on behalf of the petitioner submitted that petitioner is an Architect by profession and several architect firms including the firm of this petitioner were invited by the University for the design of proposed buildings of Central University of Jharkhand. The firm of the petitioner M/s Anil Associates also participated and rendered its services to the University for its proposed design of Hostel Building and Academic Block. It is further submitted that copies of the police papers were supplied to the petitioner but some of the document supplied to the petitioner were incomplete and not legible and as such the petitioner moved an application dated 31.01.2018 for supply of compete and legible copies of the charge-sheet and other documents but despite several directions by the learned trial court, the C.B.I. did not supply the complete documents. The petitioner moved an application under Section 91 of the Code of Criminal Procedure seeking direction to the respondent to supply certain un-relied documents which were deliberately withheld by the C.B.I. It is further submitted that despite several orders by the court below, the C.B.I. did not comply and supplied the papers to this petitioner. These documents were such which have direct bearing on the case and it is required for preparing his defence but were deliberately withheld and not supplied to this petitioner.;