RAJESH KUMAR GUPTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Petitioner has preferred this criminal revision praying for setting aside the order impugned dated' 2.9.2008 passed by Shri V.S. Singh, Special Judge, C.B.L-cum-Additional Sessions Judge XIII, Dhanbad in RC-23(A)/94-D by which the petition filed on behalf of the petitioner under Section 239 of the Code of Criminal Procedure for his discharge was rejected for the alleged offence under Sections 120B, 420 read with 511 of the Indian Penal Code as also under Section 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988.

(2.) Prosecution story in short was that Rajesh Kumar Gupta (petitioner herein), Additional General Manager, Kusunda Area, B.C.C.L., Dhanbad, B.N. Sinha, Area Purchase Officer, Kusunda Area, B.C.C.L., Dhanbad and K.P. Pal, Executive Engineer of the said colliery while were posted in their respective capacities during the year 1992-93 entered into a criminal conspiracy among themselves and1 also with M/s. R.K. Steel Industries, M/s. Maa Kalyaneshwari Steel Udyog Ltd. and one M/s. Deo Dhari Pandey and floated tender for supply of steel doors, which were approved by the accused persons including the petitioner and when supply of substandard materials were detected the same were returned but later on accepted however it was alleged that such acceptance of sub-standard articles by the accused including the petitioner was managed through M/s. Deo Dhari Pandey, thereby putting pecuniary loss to the tune of Rs. 2,56,147/- to the B.C.C.L. and wrongful gains to the accused persons including the petitioner.

(3.) Petitioner had moved earlier before this Court in Cr.M.P. No. 1532 of 2003 for quashment of the cognizance order which was not allowed however, disposed of by the order dated 4.3.2004 with certain observation.