NISTAR MINZ Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This writ petition has been filed invoking the jurisdiction of this court under Articles 226 and 227 of the Constitution of India, by the petitioner with a prayer for quashing the entire criminal proceeding arising out of Vigilance P.S. case no. 12 of 2013 registered for the offences punishable under Sec. 420, 467, 468, 471, 409, 120B of the Indian Penal Code and Ss. 13(2) read with Sec. 13(1) (c) (d) of the Prevention of Corruption Act, 1988 pending in the court of learned Special Judge, Vigilance, Ranchi as Special Case no. 13 of 2013.

(3.) Learned counsel for the petitioner submits that for the same and similar allegations against the petitioner, pertaining to the same transaction, two First Information Reports (FIRs) have been registered, contrary to the settled legal position in law. It is further submitted by learned counsel for the petitioner that the second FIR, the copy of which is annexed as Annexure 1 to this writ petition, relates to preliminary enquires bearing nos. 36/09 and 43/09 which were registered on being ordered by the Vigilance Commissioner of Cabinet Vigilance Department to make enquiries into the allegation of irregularities committed by the Department of Agriculture in purchase of seeds, equipment, vermin-compost, micronutrients etc. amounting to Rs.461.81 lakhs. It is further submitted that both the enquiries being PE No. 36/09 and PE No. 43/09 are almost similar hence, the said two enquires were ordered to be enquired together. The second FIR pertains to the Advertisement No. 21512 dtd. 13/2/2008, wherein, expression of interest was invited for supply of vermin compost, bio-fertilizer, micronutrient etc. and the allegation is that the Minister bypassing the approval of the Cabinet, issued several State Orders and the tender was not invited according to Finance Department circular and the material was purchased at higher rate from firms and the evidences collected during the preliminary enquiry, support the charges of offences committed by the petitioner and the co- accused persons and separate allegations are dealt with respect to individual firms namely, M/s Pratik Biotech, M/s NCCF, Ranchi, M/s Anshul Agro Chemical, Bangalore in detail in the said First Information Report. It is further alleged that the said firms supplied vermin compost without quality test of the materials prior to the supply and as such, the said firms have also been made accused and upon lodging the FIR, Vigilance P.S. case no. 12 of 2013 has been registered.