The court's decision emphasized the importance of refraining from examining the defense's plea and the fairness of the investigation at the initial stage of the proceedings.

Rajeev Ranjan Prasad, J.

These criminal writ applications have been preferred for quashing of the entire criminal proceeding including the order dated 19.11.2014 passed by learned Special Judge, C.B.I. III, Patna by which the learned Special Judge has taken cognizance of the offences under Sections 13 (2) read with 13(1) (d) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the P.C. Act, 1988), Sections 120B read with Section 420, 468, 471 and 511 of the Indian Penal Code in Special Case No. 8 of 2011, R.C 12 (A) 11 C.B.I./ACB, Patna.

2. The petitioners have been chargesheeted and upon filing of the charge-sheet while taking cognizance, learned Special Judge has found prima facie case against the accused persons named in the charge-sheet, non-bailable warrants have been issued for causing appearance of these petitioners.

BRIEF FACTS OF THE CASE

3. As per the written complaint of Sri J.P. Mishra, the Additional Superintendent of Police, C.B.I., ACB/Patna as contained in Memo No. 2777 dated 29.06.2011, a reliable source information revealed that a State Highway No. 12 is under construction in the district of Rohtas and Bhojpur under Rashtriya Sam Vikash Yojana (RSVY) package No. 6 covering a distance of 95 kilometer in the State of Bihar. It is stated that the estimated cost of the work is Rs. 1,15,29,92,439/-. The construction was awarded to a joint venture of ECI Engineering and Construction Company Ltd., Hyderabad and Bhola Singh Jai Prakash Construction Ltd., New Delhi, which is named as ECI-BJCL (JV) on 09.03.2007. As per allegations one of the components of awarded work was 'Earth Work'.

It is alleged that the Central Public Works Department (CPWD) assessed the quantity of earth work at the cost of Rs.13,92,00,000/-. As per procedure the contractor company conducted a detailed survey of the existing ground. It is alleged that as per survey conducted by the contractor before starting the work, the amount of the earth work required for the above road was estimated much less.

It is further alleged that the Officers of the CPWD and the contractors entered into a criminal conspiracy to do, or cause to be done an illegal act, or an act which is not illegal by illegal means and in pursuance thereof dishonestly and fraudulently fabricated the ground level data obtained by pre-work survey by the contractor company. The accused persons allegedly, manipulated the earth work of the project in order to facilitate fraudulent payment showing excess earth work. The allegation is also that neither the earth work was required nor the work was executed.

It is alleged that the tender was awarded to the M/s ECI-BJCL (JV), Plot No.70, 3rd Floor, Jubilee Hills, Road No.1, Hyderabad vide No. EE/RSVY/G/Acctt/RCP-06-07/57 dated 09.03.2007 at Rs.1,15,29,92,439/-. There are allegations that Shri Shiv Narain, Executive Engineer, CPWD, Sasaram Division and Shri Satyendra Kumar, Assistant Executive Engineer, CPWD, Sasaram Division were posted and functioned as aforesaid during the relevant period.

The further allegation is that for undertaking the earthwork, original ground level was taken by the representative of the ECIBJCL (JV) and CPWD officials. The Level Book is singed by Shri Satyendra Kumar, Assistant Executive Engineer and Shri Shiv Narain, Executive Engineer and a representative of ECI-BJCL (JV). It is alleged that the Level Book is the fabricated one as it contains forged signature of the representative of ECI-BJCL (JV). It is alleged that as per contract 738585 cubic meter of earth was to be excavated from the borrow pits, but subsequent verification revealed that borrow pits, wherefrom the soil is shown to have been obtained for the earth work were non-existing. It is further alleged that in many places earth work was neither required nor done, but earth work was shown on papers by the accused persons by creating false documents in order to facilitate fraudulent payment to the tune of Rs. 39761773.52/- thereby causing