FANI BHUSAN DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) These applications have been filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter called as "the Code") to quash the orders dated 02.12.2003 and 12.02.2004 of taking cognizance of offence under Sections 13(2) read with Section (1)(d) of the P.C. Act and under Section 120-B of the Indian Penal Code (in short "the IPC") passed by the learned Special Judge, Bhubaneswar in T.R. No.26 of 2003 and issuance of process against the present petitioners. Since these applications arise out of the above common orders of taking cognizance though preferred by two accused persons, they are being disposed of by this common judgment.

(2.) The factual matrix leading to the case of the prosecution is that there was a proposal for construction of "Toshali Plaza" (a multi storied building) in the year 1990. The State Vigilance, after getting information that certain irregularities have been committed while giving tender to the co-accused M/s.M.K.Jena, a private contractor, enquired about the matter. At that time, co-accused Nalini Kanta Mohanty was the Minister of Housing and Urban Development Department. Orissa State Housing Board (in short "OSHB") was entrusted to make proposal for construction of the said building after selecting the contractor and after due approval of the State Government in Housing and Urban Development Department, the construction work to commence.

(3.) It is alleged inter alia that the tender was called by the OSHB where three contractors including the co-accused M.K.Jena participated. Since said M.K.Jena has quoted more price in the first instance, his bid became L- After revision of the offers of the contractors, the bid of M.K.Jena also became L- On 31.8.1990, all the contractors were asked to negotiate and after negotiation, the bid of M/s.M.K.Jena was L-2 and bid of M/s.Unit Construction Co. (P) Limited remained as L-1.