JUDGMENT :

1. Heard the parties through video conferencing.

2. This petition has been filed invoking the jurisdiction of this Court under Section 482 Cr.P.C. with three fold prayers; the first prayer is to quash the FIR, the second prayer is to quash the entire criminal proceeding of this case and the third prayer is that the order dated 20.02.2020 passed by the learned Special Judge, C.B.I., Ranchi by which the learned Special Judge has refused to discharge the petition in connection with R.C. Case No.09(A)/2018-AC.III be quashed.

3. It is submitted by Mr. Rajendra Narayan, learned counsel for the petitioner that the allegation against the petitioner is that the petitioner who manages the affairs of M/s Bina Textiles Limited of Kolkata and other companies has a warehouse at Ranchi which has been leased out to the Food Corporation of India. For extension of the lease period, the petitioner approached the A.G.M. of Food Corporation of India through one his employee who is also the co-accused in this case. Negotiation took place for extension, with enhancement of rent for which the co-accused A.G.M. of Food Corporation of India demanded gratification for himself and other officials of Food Corporation of India. This petitioner was called for meeting with the Regional General Manager of the Food Corporation of India for in principle approval for extension as well as enhancement of rates of warehouse was given for consideration of the illegal gratification. The co-accused on the instruction of the petitioner delivered Rs.2,00,000/- to another co-accused-A.G.M. of Food Corporation of India. There is also allegation against the petitioner that he came to Ranchi on 10.08.2018 to finalize the negotiation and also committed payment of another installment of illegal gratification on 17.08.2018 for enhancement of the rental rates of the said godown of the firm and also renewal of the rent agreement. There is further allegation that the petitioner in conspiracy with the co-accused persons ensured that the co-accused employee delivered Rs.5,00,000/- on behalf of M/s Bina Textiles and out of the said amount, the co-accused-Ranjay Chitlangia paid Rs.2,50,000/- in the morning of 17.08.2018 to the co-accused-A.G.M. of Food Corporation of India. The trap was laid by the C.B.I. team and in presence of witnesses on 17.08.2018 at Ranchi, the co-accused-Ranjay Chitlangia and the A.G.M. of Food Corporation of India were caught red handed by the trap team and recovery of Rs.80,000/- was made from the co-accused-Ranjay Chitlangia and Rs.50,000/- was recovered from the co-accused-A.G.M. of Food Corporation of India. It was also found that the co-accused-A.G.M. of Food Corporation of India has handed over Rs.2,00,000/- out of the said Rs.2,50,000/- to one Shakil Ahmad, an Assistant Grade-II employee of Food Corporation of India and the said amount was also recovered by the trap team.

4. It is next submitted by Mr. Rajendra Narayan, learned counsel for the petitioner that the allegations against the petitioner are false and he is no way associated with M/s. Bina Textiles which is clear from the description of Constitution of M/s. Bina Textiles mentioned in the charge-sheet itself. It is further submitted that the Food Corporation of India has taken warehouse/ godown of M/s. Bina Textiles on lease through agreement for the last 40 years for storing its food grains and other items, which was extended from time to time and the current period was for three years and it has been clearly mentioned by the Food Corporation of India that considering the 40 years of old association with M/s. Bina Textiles, the Food Corporation of India was ready for renewal of the lease for three years. It is next submitted that the petitioner is not a public servant hence, no offence punishable under the Prevention of Corruption Act is made out against the petitioner. It is then submitted that the case of the prosecution is false, imaginary and far from truth. It is also submitted th