AMAR NATH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard the parties.

(2.) This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this court under sec. 482 of the Code of Criminal Procedure, 1973 with the prayer to quash the entire criminal proceeding including order taking cognizance dtd. 3/9/2019 passed by learned Special Judge, CBI, Dhanbad in connection with R.C. Case No. 08A/2016-D, whereby and whereunder, the learned Special Judge, CBI-cum- Additional Sessions Judge- XI, Dhanbad has been pleased to take cognizance of the offences punishable under Ss. 120-B, 420 of Indian Penal Code and Sec. 13(2) read with Sec. 13(1)(d) of the Prevention of Corruption Act, 1988.

(3.) The case of the prosecution in brief is that while the petitioner was posted as Senior Principal Scientist, Standard Technology Management International (S&T) (STMIG) sec. in BDIL (STMIG Sec. ) Department was responsible for collection of Royalty Dues from the co-accused-M/s Suparna Chemical Ltd. but the petitioner deliberately, in criminal conspiracy with the co-accused person, did not point out the manipulation made by the co-accused person public servant in the agreement dtd. 30/7/2003 and the petitioner failed to take action for recovery of huge outstanding royalty from the co-accused private party, which caused wrongful loss to Central Institute of Mining and Fuel Research (CIMFR), Dhanbad.