VATTAMTHANATH JAYARAM @ V. JAIRAM SON OF LATE VARGHESE, CONSERVATOR OF FOREST, RESIDENT OF CIRCUIT HOUSE AREA, ROAD NO. 1, NEAR DFO OFFICE, JAMSHEDPUR, PO AND PS Vs. THE STATE OF JHARKHAND THROUGH VIGILANCE

JUDGEMENT

(1.) Invoking the inherent power of this Court under Sec. 482 of the Code of Criminal Procedure (in short the Code ), the petitioner has prayed for quashing of the order taking cognizance dated 13.12.2012 passed by Special Judge, Vigilance, Ranchi as well as the entire criminal proceeding in connection with Special Case no. 15A of 2009 arising out of Vigilance P.S. Case no. 11 of 2009.

(2.) Bereft of unnecessary details, the facts, which is relevant for the proper adjudication of the issue involved in this criminal miscellaneous petition, in short, is that at the instance of one Vinit Kachhap, a complaint case no. 02 of 2009 was lodged in the court of learned Special Judge, Vigilance, Ranchi against one Nistar Minz and Nalini Soren with the allegation that in the year 2003, on a tender invited by Agriculture Department, Government of Jharkhand, various reputed institutions of the country had applied for supply of seeds but on the order of the then Director, Agriculture, order of supply of seeds was given to an unknown institute namely West Bengal Pharmaceutical and Photo Chemical Development Corporation Limited with an intention to misappropriate public fund. There are several other allegations how the then Director, Agriculture from the year 2003 to 2006 misappropriated the Government fund. Reference of some of those allegations are given herein below :

(3.) After investigation, the Investigating Officer finding sufficiency of materials submitted the charge-sheet against the petitioner and other accused persons after obtaining the order of sanction from proper authority. Thereafter, the learned Special Judge, Vigilance, Ranchi vide order dated 13.12.2012 took cognizance of offence under Sections 406, 409, 420, 423, 424, 465, 467, 468, 471 and 477A of the Indian Penal Code and also Under Sections 11, 12, 13 and 15 of P.C. Act.