Jharkhand High Court
Tarni Prasad Mukhia vs State Of Jharkhand on 16 December, 2019
Author: Anubha Rawat Choudhary
Bench: Anubha Rawat Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(Cr.) No. 428 of 2018
Tarni Prasad Mukhia ... ... Petitioner
Versus
1. State of Jharkhand
2. The Chief Secretary, Govt. of Jharkhand
3. The Principal Secretary, Department of Health, Medical
Education and Family Welfare Department, Govt. of
Jharkhand
4. The Additional Inspector General of Police (Anti Corruption
Bureau), Ranchi
5. The Secretary, Cabinet Secretariat (Vigilance), Ranchi
6. The Joint Secretary, Cabinet Secretariat (Vigilance), Ranchi
7. Superintendent of Police, Anti-Corruption Bureau, District-
Ranchi
8. District Engineer, Zila Parishad, Lohardaga, District-
Lohardaga. ... ... Respondents
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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06/16.12.2019 Nobody appears on behalf of the petitioner.
2. Mr. T.N. Verma, Advocate appears on behalf of the Anti- Corruption Bureau.
3. Mr. Sreenu Garapati, Advocate appears on behalf of the respondent- State of Jharkhand.
4. This petition has been filed for quashing of the F.I.R. lodged by the vigilance bearing Vigilance Case No. 61 of 2016, Vigilance P.S. Case No. 58 of 2016, dated 11.08.2016 registered under Sections 409,420,467,468, 471,477(A)/120(B) of Indian Penal Code r/w Section 13(1)(c) & (d) and 13(2) of Prevention of Corruption Act 1988. The petitioner has further prayed for quashing of the entire criminal proceeding so far it relates to the petitioner as the Department, who got the work done, has given clearance/clean cheat to the work done by the petitioner and the Hospital is running smoothly and as such no case is made out as well as further continuance of the proceeding shall amount to an abuse of process of law. The petitioner has also prayed for issuance of an appropriate writ in the nature of certiorari or any other appropriate writ for quashing the 2 enquiry report dated 21.05.2015 submitted by the Technical Committee (Vigilance) constituted pursuant to the letter of the Dy. Secretary, Cabinet (Vigilance) Department, Govt. of Jharkhand vide letter no. NI. VI(Stha)-15/2012-1000 dated 06.06.2014 (Annexure 2) as because according to the petitioner, enquiry report is not based on the enquiry referred to ACB on specific 10 points.
5. In spite of repeated opportunities, defects as pointed out by the office, have not been removed.
6. Since the petitioner has not removed the defects in spite of repeated opportunities, this writ petition is dismissed on account of non-removal of defects.
7. Let a copy of this order be communicated to the learned court below through 'FAX'.
(Anubha Rawat Choudhary, J.) Pankaj