IMPORTANT POINT
Illegal gratification – In a case where investigation is completed, Court is not required to appreciate evidence for quashing criminal proceeding – To appreciate evidence is function of Criminal Court.

JUDGMENT

Heard Mr. Satish Kumar Keshri, learned counsel appearing for the petitioner and Mr. Deepak Kumar Bharati, learned counsel appearing for the opposite party-CBI.

2. This petition has been filed under Section 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023 for quashing the entire criminal proceeding including the order taking cognizance dated 28.11.2020 passed by the learned Special Judge, CBI, Ranchi in FIR No. RC08(A)/2017-R dated 30.10.2017, whereby, the cognizance has been taken against the petitioner for the alleged offence under Section 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 and under Section 120B of the Indian Penal Code, pending in the Court of the learned Additional Judicial Commissioner-XI-cum-Special Judge, CBI, Ranchi.

3. The FIR was registered alleging therein that the information has been received by the Officer-in-Charge i.e. Superintendent of Police/HOB C.B.I, ACB Ranchi as stated therein that informant has received information through reliable sources to the effect that Sri Upendra Nath Mandal, while posted and functioning as Senior Manager, Metallurgical Wing of MECON Ltd. entered into criminal conspiracy with the proprietors of co-accused M/s. Zeal India Chemical as well as proprietors of M/s Shiv Machine Tools and in furtherance thereof accepted illegal gratification from the two firms amounting to around Rs. 1,65,45,000/- through banking transactions. It was further alleged that Sri Upendra Nath Mandal has received the alleged amount in various accounts existing either in his own name or in the name of his relatives/friends. It was also alleged that Sri Upendra Nath Mandal evaluated the technical bids of the above firms submitted by them in different tenders and was also working as the Project Coordinator on behalf of MECON in the works awarded to the said firms. It was then alleged that Sri Upendra Nath Mandal was the competent person to pass the designs/drawings submitted by the firms while executing the works. It was next alleged that the M/s Zeal India Chemicals participated in the tender floated by Durgapur Steel Plant vide no DSP/PROJ-PUR/EXPN/MSM-07/308 dated 11.05.2013 and had submitted its bid on 26.06.2013. The technical bid was evaluated by Sri Upendra Nath Mandal and Tender Appraisal Report was finalized in August, 2013. The work was awarded in favour of M/s Zeal India Chemicals which is still in progress. The alleged money of Rs. 49,50,000/- has been paid to Sri Upendra Nath Mandal by M/s Zeal India Chemicals during the period 12.06.2013 to 15.06.2016 through bank accounts in his own name and in the name of his relatives/friends. It was next alleged that M/s Shiv Machine Tools participated in the tender floated by Bokaro Steel Plant vide no T&C (M) /B320/036C/SPG/314 dated 03.09.2014 and had submitted its bid on 15.10.2014. The technical bid was evaluated by Sri Upendra Nath Mandal and was finalized in March 2015. The work was awarded in favour of M/s Shiv Machine Tools which is still in progress. The alleged money of Rs.1,15,95,000/- has been paid to Sri Upendra Nath Mandal by M/s Shiv Machine Tools during the period 03.08.2015 to 02.08.2016 through bank account in the name of his relatives/friends. The above discussed acts on part of Sri Upendra Nath Mandal, M/s Zeal India Chemical, Opposite Arya Samaj Mandir, 3rd Floor, Keshari Complex, S.N. Road, Upper Bazar, Ranchi and M/s Shiv Machine Tools, 102-Armenian Street, Chennai- 600 001 disclosed commission of cognizable offence punishable under Section 120-B read with Section 7 and 12 of the Prevention of Corruption Act 1988. On the above grounds, the case was registered against Upendra Nath Mandal, the then Sr. Manager, Metallurgical Wing, MECON Ltd. (Residing at House No. MIG-34, Chhattisgarh Housing Board Colony, Near Sai Mandir, Aghanpur, Jagadipur, Dist.-Bastar); M/s Zeal India Chemicals, Opposite Arya Samaj Mandir, 3rd Floor, Keshari Complex, S.N. Road Upper Bazar, Ranchi (represented through its Propr