MRINAL KANTI CHAKRABORTY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner has invoked the inherent jurisdiction of this Court under Section 482 Code of Criminal Procedure for the quashment of the order dated 19.12.2006 passed by the Special Judge, C.B.I. -cum -Additional Sessions Judge, VIIIth, Dhanbad in R.C. Case No. 11(A)/2004(D) by which cognizance of the offence was taken against the petitioner under Sections 120B/420/467/468/471 of the Indian 'Penal Code and under Section 13(2) r/w Section 13(1)(d) of the Prevention of Corruption Act, 1988.

(2.) THE prosecution story in short was that the informant reliably learnt to the effect that Shri S.K Chauliya, Scientist -C of Central Mining Research Institute (C.M.R.I.), Dhanbad, D.C. Goswami, Store and Purchase Officer (C.M.R.I.), Dhanbad entered into conspiracy with M/s Allied Technology. 5/15, WEA, Karolbag, New Delhi and others unknown and in pursuance of the said criminal conspiracy and by using their official position, purchased soil and irrigation kit at exhorbitant price causing wrongful loss to C.M.R.I., Dhanbad and wrongful gain to themselves. It was further alleged in the First Information Report that M/s Allied Technology, New Delhi in connivance with the above officers of C.M.R.1. and other unknown, supplied the said Soil Irrigation Kit Model DREL/2010 manufactured by M/s HACH Company, Loveland, Colorado, USA at 'an exhorbitant cost of Rs. 13,78,000/ - against the actual cost of Rs. 3,59,316/ -. It was further alleged that on 16.5.2000 the accused S.K.Chauliya inspected and certified the said item received by D.C. Goswami causing wrongful loss to C.M.R.I. by their act. The C.M.R.I., Dhanbad in that manner was put to wrongful loss to the tune of Rs.10,18,684.00/ - and thereby gains to the accused which constituted offence under Sections 120B/420 of the Indian Penal Code and Section 13(2) r/w Section 13(1)(d) of the P.C. Act, 1988 by Shri S.K. Chauliya, D.C. Goswami, M/s Allied Technology and other unknown, for that the instant case was registered giving rise to R.C. 11(A)/2004 (D) for the investigation under the orders of S.P., C.B.I., Dhanbad. After investigation, the C.B.I. submitted charge -sheet against Shri Swadesh Kumar Chauliya @ S.K. Chauliya, Shri Dulal Chandra Goswami @ D.C. Goswami, M/s Allied Technology, New Delhi through its Chief Executive Officer and Proprietor Shri Gurdev Singh @ G.S. Dang, the petitioner Shri Mrinal Kanti Chakraborty @ M.K.Chakraborty, Shri Jyotish Chandra Saha, Shri Gurdev Singh @ G.S. Dang and Shri Ajay Kumar Singh @ A.K. Singh.

(3.) LEARNED Counsel Mr. K.P. Deo appearing for the petitioner assailed the impguned cognizance order dated 19.12.2006 on the sole ground that it was barred under Section 162 Code of Criminal Procedure.