JAGDISH Vs. C B I

JUDGEMENT

(1.) The petitioner has filed this criminal miscellaneous petition for quashing the entire criminal proceeding in connection with R.C. Case No. 18(A)/2009(D) registered for the offences under Section 120B of the Indian Penal Code and Section 7 and 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 and also for quashing the order taking cognizance dated 28.6.2010 passed by the Special Judge, C.B.I, (A.D.J., 1st, Dhanbad).

(2.) The case of the prosecution in brief on the basis of the written complaint Jawed Khan, Branch Manager of M/s. A.R.C. Insulations & Insulators (P) Ltd., Kolkata is that his company had applied for the test of F.R.P. Bolt with dome washer nut in CIMFR, Dhanbad by depositing prescribed fees of Rs. 33,090/- by the demand draft dated 11.8.2009. It is further stated that he had been pursuing for the said test report since August, 2009. It is alleged that on 14.12.2009 when the informant visited the said office and contacted Sri Shankar Prasad, Senior Scientist for issuing the test report, he was told by him that without paying a bribe of Rs. 3,00,000/- the positive test report will not be issued by him. The informant requested him that no such fund is available in his company to give bribe for the said purpose. Thereafter, Sri Shankar Prasad said that it would not be possible for him to issue the said test report since for the said report, another company happens to give bribe of Rs. 5.00 Lakhs. It is further alleged that he asked the informant to come at least with Rs. 75,000/- as first installment tomorrow i.e. on 15.12.2009, during office hours at his office. The informant informed his Kolkata Office about such illegal demand and on instruction of his company Directer, he lodged a written complainant with C.B.I., Dhanbad for appropriate legal action against Shankar Prasad.

(3.) The counsel of the petitioner submits that the petitioner is not named in the F.I.R. only the co-accused Dr. Shankar Prasad, Senior Scientist, DDMS, CIMFR, Dhanbad is named. He has further submitted that there is no material/ evidence against him that in any way he is involved in this case or he has demanded any amount from the complainant/ informant. It is further contended on behalf of the petitioner that although the petitioner is not named in the F.I.R., but subsequently charge-sheet was submitted against him also and the Special Court, C.B.I. without considering the materials on record, took cognizance against him also vide order dated 28.6.2010 which is wholly illegal and fit to be set aside.