ASIF EKRAM Vs. STATE OF JHARKHAND THROUGH CBI

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner and the learned counsel for the CBI.

(2.) This application has been filed for quashing of the entire criminal proceedings of R.C. Case No. RC 04(A) of 2010 AHD (R) as also the order dated 11/12/2012, whereby and whereunder cognisance of the offences punishable under Sections 120B, 193 and 420 of the Indian Penal Code and also under Sec. 13(2) read with Sec. 13(1)(d) of the Prevention of Corruption Act, 1988, has been taken against the petitioner.

(3.) A complaint case bearing Complaint Case No. 02/2008, was lodged by the complainant before the Court of Vigilance alleging therein that two Ministers Mr. Hari Narayan Rai and Mr. Anosh Ekka have acquired huge properties by abusing their official position. The said complaint when was sent before the vigilance police station for its institution and registration, it was registered as Vigilance P.S. Case No. 26 of 2008. While the matter was being investigated by the Vigilance, an order was passed on 04/08/2010 by this Court in WP (PIL) Nos. 4700 of 2008 and 2252 of 2009, whereby the CBI was directed to take over the investigation of the said case. Accordingly, the CBI took over the investigation of the case. During investigation, it was found that Anosh Ekka has also acquired properties in the name of his wife Menon Ekka, who had filed an application before the D.C.L.R for seeking permission in terms of Sec. 46 of the CNT Act to purchase the land situated within Chutia Police Station. At the same time, the seller had also submitted application for having permission to sell that piece of land. Both the applications accompanied respective affidavits of the seller as well as purchaser stating therein that they do have landed property in the area situated within Chutia police station. It also accompanied a check slip wherein one of the columns seeking information as to whether purchaser does have land, was kept blank. On receiving the said applications the DCLR asked the Circle Officer the petitioner to submit report. The Circle Officer called for a report from the Karamchari, who submitted that the purchaser does have land in the area situated within Chutia police station. The Circle Inspector by making the same endorsement submitted the report to the Circle Officer the petitioner who by making endorsement, as forwarded and recommended, submitted its report to DCLR. Accordingly, DCLR granted permission to the seller for selling land to Menon Ekka though Mrs Menon Ekka in fact had had no land in the area situated within Chutia police station. After completion of the investigation charge sheet was submitted against the Karamchari, Circle Inspector, Circle Officer as well as the other authorities for commission of the offences punishable under the Indian Penal Code and also under the Prevention of Corruption Act, alleging therein that the petitioner by abusing his official position put the purchaser in advantageous position and, thereby, committed offence punishable under Sec. 13 (1)(d) read with Sec. 13(2) of the Prevention of Corruption Act and also under Sec. 120B, 193 and 420 of the Indian Penal Code.