GOPAL KRISHAN SARAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these writ petitions have been heard together as they relate to the same criminal case in which both the petitioners have been entangled.

(2.) Originally both the writ petitions had been filed for quashing the entire proceedings arising out of First Information Report lodged in Mufassil Thana (Chaibasa)P.S. Case No. 14 of 1991 for offences under Sec. 161 and 120B of the Indian Penal Code and under Sec. 5(2) of the Prevention of Corruption Act, 1947 which was filed before respondent No. 3, that is, the Officer-in-charge of Chaibasa Mufassil P.S. by respondent No. 2 Sri Murlidhar Vishwakarma, the then Stenographer to the Deputy Commissioner of Chaibasa. At the time of the writ petitions were filed, the case was pending as Mufassil P.S.Case No. 14 of 1991 before the Special Judge, (P.C.Act) at Ranchi although originally it was pending before the Chief Judicial Magistrate, Chaibasa. Before the Special Judge, the Case was registered as Special Case No. 6 of 1991.

(3.) On 14-2-1991, respondent No. 2 Murlidhar Vishwakarma, Stenographer, lodged the First Information Report at the instance of the then Deputy Commissioner, Ms. Rajbala Verma of Chaibasa alleging that on that date at about 5 p.m., he was working at the residential office of the Deputy Commissioner, Chaibasa and at about 7.30 PM he was called by the Deputy Commissioner in her chamber and gave some dictations. At about 7.45 P.M., Naresh Dwiwedi programme Manager, Chaibasa who was then incharge of the General Section of the Deputy Commissioner, came to the residential office of the Deputy Commissioner and brought a connected file of M/s Usha Martin for grant of no objection certificate and on the notes prepared by him, he requested the Deputy Commissioner to pass necessary direction in the file. The Deputy Commissioner, then went through the file and ordered for issuance of no objection certificate. Soon after the file was signed with the direction as mentioned above, said Mr. Dwiwedi expressed before the Deputy Commissioner that the General Manager (Commercial) Mr. R. K. Jhunjhunwala, petitioner in Cr. W.J.C. No. 30 of 1991 R and Mr. Gopal Krishan Saran, the Manager,(Services Co-ordination of M/s Usha Martin Company) were standing at the door and then he presented a raxine bag on the table of the Deputy Commissioner taking the same from Mr. Jhunjhunwala for presentation to the Deputy Commissioner. At this, Ms. Rajbala Verma, the then Deputy Commissioner prohibited Mr. Dwiwedi for keeping the bag on the table and after a while on suspicion, asked him to open the bag in her presence and when the same was opened by Mr. Dwiwedi, two bundles of notes were found inside it and seeing this, the Deputy Commissioner, became very angry and started scolding Mr. Dwiwedi and then further asked him to count the bundles. Mr. Dwiwedi, the programme Manager, stated on counting that the total amount of Rs. 15000/- was there in the bag. Ms. Verma, the Deputy Commissioner, raised cries and screams and started scolding everybody there including Mr. Dwiwedi. The Peon who was outside, came inside the residential office. By that time, both the petitioners Mr. Rajendra Kumar Jhunjhunwala and Gopal Krishan Saran taking the advantage of the situation, had left the place through the gate of the residence of the Deputy Commissioner and went away in a white car bearing No. 16-C 9200. Mr. Dwiwedi was then asked to sit in the office. The respondent No. 2 Murlidhar Vishwakarama was again asked by the Deputy Commissioner to count the notes and then at her instance, the First Information Report was prepared and then transmitted to the Officer -in-charge of Mufassil P.S. Chaibasa. The allegation is that the petitioner of these two writ petitions, in collusion with Mr. Naresh Dwiwedi, hatched a conspiracy to bribe the Deputy Commissioner.