ABHAY KUMAR CHOUDHARY Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the C.B.I. It is submitted on behalf of the petitioner that the petitioner has prayed for a direction upon the respondents for further investigation of the RC Case No. 03A 2012(R) dtd. 18/1/2012 by which F.I.R has been registered against the petitioner and other co-accused persons under various Ss. of I.P.C. read with Sec. 13(2) and Sec. 13(1)(d) of the Prevention of Corruption Act, as the investigation has not been done properly and in fair manner.

(2.) Learned counsel for the petitioner further submits that C.B.I. has not properly investigated the case although the case was registered against the unknown officers of the Khadi and Village Industries Commission, Ranchi as well as Ranjit Kumar and Raj Kishore Mishra. He submits that the manner of investigation is not proper inasmuch as, the officers of the Khadi and Village Industries Commission were left while submitting the charge- sheet. Charge-sheet was submitted only against the petitioner and Ranjit Kumar and Raj Kishore Mishra although, without the involvement of the officers of the Khadi and Village Industries Commission, misappropriation would not have taken place. Learned counsel for the petitioner further submitted that even after submission of charge-sheet, matter can be reinvestigated for which he relied upon the decision rendered in the case of "Pooja Pal Vs. Union of India" reported in (2016) 3 SCC 135 where it has been held as under:- 87. "Any Criminal offence is one against the society at large casting an onerous responsibility on the State, as the guardian and purveyor of human rights and protector of law to discharge its sacrosanct role responsibly and committedly, always accountable to the law-abiding citizenry for any lapse. The power of the constitutional courts to direct further investigation or reinvestigation is a dynamic component of its jurisdiction to exercise judicial review, a basic feature of the Constitution and though has to be exercised with due care and caution and informed with self-imposed restraint, the plenitude and content thereof can neither be enervated nor moderated by any legislation."

(3.) Learned counsel for the C.B.I. submitted that at the relevant time, this petitioner was holding the post of Secretary of Chotanagpur Khadi Gramodyog Sangh, Tiril, Ranchi and in connivance with salesman and manager of Chotanagpur Khadi Gramodyog Sansthan, Ranchi entered into criminal conspiracy with other unknown officers of Khadi and Village Industries Commission, who had prepared document showing fake production and sale of Khadi Products on the basis of forged invoice and cash memo with intention to claim Market Development Assistance(MDA) from the Central Government. In order to promote Khadi, Government of India, through Khadi and Village Industries Commission had introduced scheme of Market Development Assistance of production by substituting the scheme of rebate w.e.f., 1/4/2010 and MDA was allowed at the rate of 20 per cent on cost of production.