JUDGMENT :

This revision has been preferred against the order dated 28.05.2019 passed by Special Judge (A.C.B.), Ranchi rejecting the discharge application of the petitioner on second occasion relating to Vigilance P.S. Case No.20 of 2009 corresponding to Special Case No.25 of 2009 and Misc. Criminal Application No.90 of 2018 registered under Sections 420, 406, 408, 409 and 120B of the Indian Penal Code and Sections 12, 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988.

2. The short fact of the case is that on the basis of written report, Vigilance Case was filed with the allegation that in respect of building plan passed by Ranchi Regional Development Authority, some irregularities were committed and building plan was passed without following Building Rules and, therefore, F.I.R. was lodged against 10 accused persons with some other unknown persons including this petitioner. Further allegation was that map was passed without taking into consideration that it exceeded height of the building beyond the approval given by R.R.D.A. Thereafter, Vigilance P.S. Case No.20 of 2009 registered under Sections 420, 406, 408, 409 and 120B of the Indian Penal Code and Section 12, 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988. Charge sheet was submitted against the accused persons including this petitioner having conspired with officials of R.R.D.A. Other Government officials influenced them through illegal means as well as corrupt practices were applied and approval of the building was obtained.

3. Learned counsel for the petitioner submitted that no evidence was found against the petitioner by the Vigilance Department during course of investigation. This petitioner filed an application under Section 239 of Code of Criminal Procedure for discharge. The Court below without proper appreciation, has rejected the application for discharge. Thereafter, the revision application was filed being Cr. Revision No.369 of 2018 which was disposed of on 05.04.2019 and the impugned order dated 05.03.2018 passed by Special Judge, A.C.B., Ranchi in Vigilance P.S. Case No.20 of 2009 corresponding Special Case No.25 of 2009 was quashed and set aside and the matter was remanded back to the Trial Court for passing fresh order in accordance with law after hearing the parties and on appreciation of materials collected during course of investigation.

Learned counsel further submitted that after the matter was remanded back to the Trial Court, the Special Judge, A.C.B., Ranchi again without properly appreciating the facts, materials and evidences on record, rejected the discharge application of petitioner by impugned order dated 28.05.2019 which is under challenge herein.

Learned counsel for the petitioner submitted that the Court below has failed to appreciate that one of the co-accused in present case namely Bhawesh Butala against whom some allegation was levelled and who had also filed an application for discharge which was dismissed by the Court below but later on by order passed in Cr. Revision No.329 of 2018 dated 19.07.2018, the High Court quashed and set aside the order with direction to the Trial Court to pass a fresh order. The Trial Court on receipt of remand order relating to that case, reconsidered and re-appreciated the entire materials collected during investigation and held that there was no material to frame charge under any of the offences alleged under Sections 420, 406, 408, 409 and 120B of the Indian Penal Code and Sections 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988 and allowed the application of discharge of co-accused Bhawesh Butala (Annexure-9).

It is submitted on behalf of petitioner that the present petitioner is also facing the same allegation but the Trial Court has dismissed his application for discharge. He also submitted that even if some violation of building bylaws have been reported but the same constitutes violation under Sections 35 and 36 of Jharkhand Regional D