DEBADUTTA MOHAPATRA Vs. CENTRAL BUREAU OF INVESTIGATION (CBI)

JUDGEMENT

(1.) The abovenoted CRLMC No.1252 of 2025 has been filed with a prayer to quash the FIR No. RC2172024A0017, dtd. 7/12/2024, lodged on behalf of the Central Bureau of Investigation, Anti-Corruption-II, New Delhi, pending before the Court of the Learned Special Judge, CBI-I, Bhubaneswar as R.C. No.17(A) of 2024, for commission of offences under Sec. 7, 8, 9 and 10 of the Prevention of Corruption Act, 1988 ("PC Act") read with Sec. 61(2) of the BNS, 2023.

(2.) The factual matrix in both CRLMC No.1252 of 2025 and CRLMC No.347 of 2025 is identical and arises from the same FIR. The Petitioner in CRLMC No.1252 of 2025 is the Managing Director of the Company which figures as the Petitioner in CRLMC No. 347 of 2025. Accordingly, both matters were heard analogously for the sake of convenience, with CRLMC No.1252 of 2025 being treated as the lead matter for purposes of analysis of the factual backgrounds of both the above noted applications.

(3.) The crux of the factual background of the present case, as culled out from the copy of the FIR and the Observation-cum-Recovery Memorandum ("the Memo"), under Annexure-1 and Annexure-2 respectively (of CRLMC No.1252 of 2025), in brief, is as follows; Initially, M/s Bridge and Roof Co. India Pvt. Ltd. ("BRCIL") had been awarded certain tenders from the National Aluminum Company Limited ("NALCO") pertaining to some civil construction work, which was then entrusted to M/s. Penta A Studio Pvt. Ltd. ("PENTA"). Certain information from a source was received by the CBI that one Mr.Chanchal Mukherjee, the Group General Manager of BRCIL, might be indulging in corrupt and illegal activities in the matter of "awarding work orders and clearing bills" in lieu of obtaining undue advantage.