AMRISH JOLLY Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) By means of instant petition, petitioner Amrish Jolly has assailed lodging of FIR No. RC0962017A0003, dated 19.4.2017 (Annexure P-1), registered against him, under Section 120-B IPC and Section 7 and 13(2) read with Section 13(1)(d) of Prevention of Corruption Act (herein after referred to as the 'PC Act' in short) by Central Bureau of Investigation (CBI), Shimla, launching of prosecution against him by filing final report (Annexure P-2), dated 30.12.2017 in consonance thereto, on completion of investigation; and also framing of charges by learned Special Judge, CBI, Shimla, vide order dated 21.11.2018 (Annexure P-3) against him, on the basis of final report (Annexure P-2).

(2.) It is case of respondent-CBI that on 17.4.2017, complainant Ved Pal Jangra had submitted a complaint in the office of Superintendent of Police, CBI, Shimla, wherein it was alleged that petitioner was demanding 10% commission out of the amount released in favour of firm of complainant for execution or certain work in the area of Cantonment Board, Subathu, before identifying the site for completion of remaining work allotted to the firm of complainant. This complaint was marked to Inspector of Police, CBI, Whether the reporters of the local papers may be allowed to see the Judgment? Yes Shimla Branch for verification, whereupon Inspector of Police had contacted complainant Ved Pal Jangra and had managed to record the conversation of complainant Ved Pal Jangra and petitioner on two occasions, leading to the conclusion that petitioner was demanding commission, to be collected through co-accused Hans Raj, from the complainant Ved Pal Jangra, whereupon Inspector of Police had recommended registration of regular case under Section 7 of the PC Act against petitioner and in consequence thereto FIR No. RC0962017A0003, dated 19.4.2017 was registered in Police Station CBI, Shimla and after joining two independent witnesses, a trap was laid, wherein petitioner was apprehended red handed and on completion of investigation, challan/final report (Annexure P-2) was submitted before the Special Judge, CBI, Shimla, who, after going through the record, had framed charges against petitioner vide order dated 21.11.2018 (Annexure P-3).

(3.) It is undisputed fact that petitioner has been working as Junior Engineer in Cantonment Board Subathu (herein after referred to as Cantonment Board). Grievance of the petitioner is that he is not a Central Government employee and, therefore, irrespective of extension of power and jurisdiction of CBI, with consent of Government of Himachal Pradesh, to the whole of State of Himachal Pradesh for investigation of offences under the PC Act, the CBI was not having any power and jurisdiction to register FIR against him and to launch criminal proceedings by filing final report in pursuance thereto and further that despite raising this issue, learned Special Judge, after rejecting plea of the petitioner, vide order dated 21.11.2018, ordered to frame charge against petitioner whereby for failing to consider the said plea in right perspective, he has committed illegality by rejecting the plea of petitioner.