P. PUGALENDI PUGA @ PARUMAL PULGENDU PUGA Vs. STATE OF JHARKHAND THROUGH THE SUPERINTENDENT OF POLICE, VIGILANCE BUREAU

JUDGEMENT

(1.) Heard the parties.

(2.) This Cr.M.P. has been filed for quashing the order dated 10.02.2015 by which the learned Special Judge, Vigilance, Hazaribagh has taken cognizance for the offence punishable under Sections 420, 467, 468, 471, 201, 109, 409, 120B of the Indian Penal Code in connection with Special Case No. 9(A)/1995 [Vigilance P.S. Case No. 16 of 1995] and the entire criminal prosecution arising out of said case as against the petitioner.

(3.) The prosecution case as it appears from the First Information Report is that between the financial years 1988 - 89, 1989 - 90 and 1990 - 91, bungling, forgery and misappropriation of the property had taken place in purchase of pesticides - Aldrine Dust and Aldrex 30. There was direction by the Forest and Environmental Department, then Government of Bihar to purchase pesticides and for that different Forest Divisions within the State were authorised. It was detected that M/s. Krishi Vikas Bhandar, Manpur, Gaya, M/s. Gramin Vikas Kendra, Sadar Bazar, Chaibasa and M/s. Allied Agro Chemicals Industries, Deoghar had furnished tender and succeeded to obtain supply order and realised the amount from the concerned Department. As a matter of fact no such Firm named above were in existence and it were represented by false and fictitious persons. Shri Kamlesh Kumar, Superintendent of Police, Vigilance, Patna had lodged a voluminous F.I.R..