ANOOP KUMAR SENGUPTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This application has been filed for quashing of the entire criminal proceeding of R.C. Case No. 01(A) of 2013-D, including the order dated 24.2.2015 passed by the Special Judge, CBI, Dhanbad, whereby and where under, cognisance of the offence punishable under Sec. 120B read with Sections 419, 420, 468 and 471 of Indian Penal Code as well as under Sec. 13(2) read with Sections 13(1) (d) of the Prevention of Corruption Act has been taken against the petitioner.

(2.) Before adverting to the submissions advanced on behalf of the parties, the case of the prosecution needs to be taken notice of.

(3.) An information was received by the CBI that the engineers as well as the finance managers of erstwhile Kustore Area, BCCL, Dhanbad during 2008-11 entered into an criminal conspiracy with Kumbh Nath Singh, Proprietor of M/s D.K. Dhanbad, and his brother L.B. Singh to do or cause to be done an illegal act with a view to cheat and defraud BCCL, Dhanbad whereby 16 numbers of work were allotted in favour of M/s D.K. Singh for construction of PCC Road, Drains, Boundary Wall, Pipeline etc. The contractor without completing the work raised bills which were paid to him in connivance with the BCCL officials and thereby they caused wrongful loss to BCCL to the tune of Rs. 1,23,13,354.00 (approx). On the basis of said allegation, first information report was lodged which was investigated upon.