Jharkhand High Court
Dr.Jagdish vs Central Bureau Of Investigatio on 24 February, 2011
Author: Jaya Roy
Bench: Jaya Roy
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. M.P. No. 1684 of 2010
Dr. Jagdish .... Petitioner
Versus
The Central Bureau of Investigation through
its Superintendent, C.B.I., Dhanbad... Opp. Party
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CORAM : HONBLE MRS. JUSTICE JAYA ROY
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For the Petitioner : M/s. R. S. Mazumdar, Sr.
Advocate
& Deepak Prasad,
Advocate
For the Opp. Party : Md. Mokhtar Khan, Advocate
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5. 24.2.2011: The petitioner has filed this criminal miscellaneous petition for quashing the entire criminal proceeding in connection with R.C. Case No. 18(A)/2009(D) registered for the offences under Section 120B of the Indian Penal Code and Section 7 and 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 and also for quashing the order taking cognizance dated 28.6.2010 passed by the Special Judge, C.B.I, (A.D.J., 1st, Dhanbad).
The case of the prosecution in brief on the basis of the written complaint Jawed Khan, Branch Manager of M/s. A.R.C. Insulations & Insulators (P) Ltd., Kolkata is that his company had applied for the test of F.R.P. Bolt with dome washer nut in CIMFR, Dhanbad by depositing prescribed fees of Rs. 33,090/- by the demand draft dated 11.8.2009. It is further stated that he had been pursuing for the said test report since August, 2009. It is alleged that on 14.12.2009 when the informant visited the said office and contacted Sri Shankar Prasad, Senior Scientist for issuing the test report, he was told by him that without paying a bribe of Rs. 3,00,000/- the positive test report will not be issued by him. The informant requested him that no such fund is available in his company to give bribe for the said purpose. Thereafter, Sri Shankar Prasad said that it would not be possible for him to issue the said test report since for the said report, another company happens to give bribe of Rs. 5.00 Lakhs. It is further alleged that he asked the informant to come at least with Rs. 75,000/- as first installment tomorrow i.e. on 15.12.2009, during office hours at his office. The informant informed his Kolkata Office about such illegal demand and on instruction of his company 2. Directer, he lodged a written complainant with C.B.I., Dhanbad for appropriate legal action against Shankar Prasad.
The counsel of the petitioner submits that the petitioner is not named in the F.I.R. only the co-accused Dr. Shankar Prasad, Senior Scientist, DDMS, CIMFR, Dhanbad is named. He has further submitted that there is no material/ evidence against him that in any way he is involved in this case or he has demanded any amount from the complainant/ informant. It is further contended on behalf of the petitioner that although the petitioner is not named in the F.I.R., but subsequently charge-sheet was submitted against him also and the Special Court, C.B.I. without considering the materials on record, took cognizance against him also vide order dated 28.6.2010 which is wholly illegal and fit to be set aside.
Mr. Mokhtar Khan, counsel of the C.B.I., has produced the entire case diary before this Court. He has contended that in the said case diary it has come that during the trap proceeding, the co-accused Shankar Prasad dialed the intercom number of Dr. Jagdish Prasad (the petitioner) and asked the informant to talk with the said Jagdish Ji, the petitioner. Mr. Khan has further submitted that the complainant and the other independent witness Prem Kumar has very specifically stated about the present case. He has quoted the evidence of Prem Kumar, the independent witness who was present in the trap proceedings which is as follows:-
"....... ....... After reaching inside the office chamber of Sri S. Prasad, Sri Javed Khan, complainant wished him in HIndi "Namaskar Sir''. Sri S. Prasad reciprocated by way of gesture and said in Hindi "Baith Jao". Sri Javed Khan by putting the chair took his position by saying in Hindi "Sir Yah Prem Kumar Hai, Kolkata Company Ke Office Se Aye Hein." Thereafter I also sat down on the another chair in front of said Sri S. Prasad. Thereafter, said Sri S. Prasad said in Hindi "Aapka report Kal Char Baje Sham Me Mil Jayega, Iss Sambandh Me Aap Sri Jagdish Se Bat Kar Lejiyega."
Thereafter, said Sri Prasad dialed the intercom number of Sri Jagdish and said in Hindi 'Javed, Jagdish Ji Se Baat Karlo" and extended the receiver towards the complainant Sri Khan. Sri Khan after taking the receiver of the said intercom started listening to Sri Jagdish who kept on saying him something for few minutes to which Sri Javed Khan reciprocated by saying "ha, hu" and at last Sri Javed said "Paisa Prasad Sahib Ko De Dete Hai"
and thereafter kept the receiver. While keeping the receiver I could hear one voice from the intercom saying "Thik Hai". Thereafter Sri Sri Javed Khan
3. took out the GC notes of Rs. 75,000/- (rupees seventy five thousand) with his left hand from the left side front pocket of his wearing jeans trouser and transferred the same in his right hand and gave the same in the extended right hand of Sri S. Prasad who after being satisfied, transferred the bribe amount in his right side pocket of wearing trouser."
The statement of Javed Khan is also as follows:-
".... .... After reaching inside the office chamber of Sri S. Prasad, I wished him in HIndi "Namaskar Sir'. Sri S. Prasad reciprocated by way of gesture and said in Hindi "Baith Jao". I by pulling the chair took his position by saying in Hindi " Sir Yah Prem Kumar Hai, Kolkata Company Ke Office Se Aye Hein." Thereafter, Sri Prem Kumar, also sat down on the another chair in front of said Sri S. Prasad. Thereafter, said Sri S. Prasad said in Hindi "Aapka report Kal Char Baje Sham Me Mil Jayega, Iss Sambandh Me Aap Sri Jagdish Se Bat Kar Lejiyega."
Thereafter, said Sri Prasad dialed the intercom number, 4340 of Sri jagdish and said in Hindi 'Javed, jagdish Ji Se Baat Karlo" and extended the receiver towards me. Sri Jagdish Prasad told me that the interim report had been handed over by him to Sri Shankar Prasd and I can collect the same from Sri Shankar Prasad after paying the money. It was in my knowlede that some part of the test was to be carried out by Dr. Jagdish, but only at this moment it came to my knowledge that Dr. Jagdish was also involved in the bribe. Lastly I could only say " Sir Paisa Prasad Sahib Ko De Dete Hai" and thereafter kept the receiver. While keeping the receiver Dr. Jagdish said "Thik Hai". Thereafter I took out the GC notes of Rs. 75,000/- (rupees seventy five thousand only) by my left hand from the left side front pocket of my wearing jeans trouser and transferred the same in the right hand and thereafter gave the same in the extended right hand of Sri S. Prasad who after being satisfied transferred the bribe amount in his right side pocket of wearing trouser."
Mr. Khan has further submitted that ample materials/ evidence which shows the involvement of the petitioner also in this case. Therefore order taking cognizance against the 4. petitioner cannot be quashed at this stage.
Considering the submissions made by both the parties, the statements of the aforesaid witnesses and perusing the order impugned, I find that the court below, after perusing the case records- case diary and all the relevant papers, has rightly come to the conclusion that prima facie case of the offence under Section 120B of the Indian Penal Code and Section 7 and 13(2) ready with 13(1)(d) of the Prevention of Corruption Act, 1988 is made out against the petitioner and Shankar Prasad. Therefore, I do not find any illegality in the order taking cognizance. Accordingly, this revision application is dismissed.
(Jaya Roy, J.) MK