HARI NARAYAN RAY Vs. STATE

JUDGEMENT

(1.) Petitioners, in this criminal miscellaneous petitions have challenged the order taking cognizance dtd. 29/7/2013 passed by the Special Judge, CBI, Ranchi in RC 04(A)/2010-AHD-R(F), by which cognizance of the offence under Sec. 120(B), 420, 471 of the Indian Penal Code and Sec. 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 has been taken and the Court below proceeded against the petitioners.

(2.) All these petitioners had approached this Court by filing separate criminal miscellaneous petitions. They are related to each other.

(3.) A complaint was filed before the Court of Vigilance-cum-Additional Judicial Commissioner, Ranchi against the petitioner No.1 Hari Narayan Rai and one Enos Ekka. The allegation in the complaint is that Hari Narayan Rai and Enos Ekka were the Ministers in the Government of Jharkhand and they have amassed huge assets illegally. There is also allegation against them that they manipulated several documents. They purchased plots in the name of their relatives including in-laws. There are other allegations to the effect that after becoming Ministers, they floated construction companies and got their company registered so that they can legalise the money which they are amassing. Alleging different type of corruptions, said complaint was filed. In terms of Sec. 156(3) of the Code of Criminal Procedure, the complaint was sent for registering a First Information Report. Vigilance Police Station Case No.26 of 2008 was registered under Ss. 406, 409, 420, 423, 424, 465, 120B of the Indian Penal Code and also under Ss. 11/13(2) read with Sec. 13(1)(e) of the Prevention of Corruption Act. Thereafter, this Court vide order dtd. 4/8/2010 passed in W.P.(PIL) No.4700 of 2008 and W.P.(PIL) No. 2252 of 2009, directed the Central Bureau of Investigation to take up the investigation of Vigilance Police Station Case No.26 of 2008, which related to commission of various offences punishable under the Indian Penal Code and the Prevention of Corruption Act. The Central Bureau of Investigation took over the case and started investigation. The Central Bureau of Investigation filed Chargesheet No.1 dtd. 16/1/2012 for offences under Sec. 109 of the Indian Penal Code and Ss. 13(2) read with Sec. 13(1)(e) of the Prevention of Corruption Act, 1988 against accused Hari Narayan Rai, Sanjay Rai and Sushila Devi. In the said chargesheet, the investigation was limited on the point of Disproportionate Assets amassed by the accused persons. The said chargesheet was filed only limiting to Disproportionate Assets, which was amassed by these petitioners and investigation on the remaining aspects and allegations were kept for further investigation. Be it noted that there are several allegations against the petitioners, which constituted to be offences not related to each other.