Point of Law : No justification to quash proceedings - There is specific allegation against petitioner being involved in criminal conspiracy and thereby causing wrongful loss to State of huge amount of money as already mentioned above and wrongful gain of corresponding amount to himself and co accused persons.

JUDGMENT :

Anil Kumar Choudhary, J.

Heard the parties through video conferencing.

2. This Writ Petition has been filed by the petitioner invoking the jurisdiction of this court under Article 226 of the Constitution of India for the following reliefs :-

(a) For issuance of a writ/order/direction for quashing of the entire criminal proceeding including the First Information Report No. 49/2010/Vigilance dated 06.10.2010 registered for the offences punishable under Sections 420, 120B, 467, 468, 471, 109, 409, 406 of the Indian Penal Code and Section 13 (2) read with Section 13 (1) (c) (d) of the Prevention of Corruption Act, 1988 and further setting aside the proceedings thereunder as nonest and illegal.

(b) For issuance of a writ/order/direction for calling the order granting sanction passed in July, 2019 for prosecuting the petitioner in F.I.R. Case No.49/2010/Vigilance and thereafter quashing of the same being nonest and illegal.

As during the pendency of this criminal miscellaneous petition charge sheet (Final Form) was submitted and cognizance of the offence was taken by the learned Special Judge (ACB), Ranchi vide order dated 02.12.2019 for the offences punishable under Sections 420, 120B, 467, 468, 471, 109, 409, 406 of the Indian Penal Code and Section 13 (2) read with Section 13 (1) (c) (d) of the Prevention of Corruption Act, 1988 and directed for the issue of summons against the petitioner along with the coaccused person by way of interlocutory application the following additional prayer was made by the petitioner.

(c) Quashing the summoning /order on cognizance and the charge sheet in the aforesaid matter.

3. The brief facts of the case is that the FIR of this case was registered consequent upon the order passed by a bench of this court dated 12.09.2010 in WP (PIL) no.4597/2009, WP (PIL) no.2772/2009 of which inter alia the petitioner is the named accused person being cited as accused number one in the FIR. It has been alleged in the said FIR that the petitioner hatched a criminal conspiracy with the co-accused persons including the public servants and in furtherance of such criminal conspiracy, by intentional and deliberate violation of the Financial Rules and by misusing official position of him and the co-accused persons, caused wrongful loss to the government exchequer and corresponding wrongful gain to him and the co-accused persons of huge amount of money in purchase of sports articles in connection with organizing the 34th National Games at Ranchi. After investigation of the case report under Section 173 of the Code of Criminal Procedure was submitted inter alia against the petitioner and the co-accused Bandhu Tirkey who was the Sports Minister of the Government of Jharkhand at the relevant time and thus a public servant (but the co-accused Bandhu Tirkey was not named in the FIR) for having committed the offences punishable under Sections 420, 120B, 467, 468, 471, 109, 409, 406 of the Indian Penal Code and Section 13 (2) read with Section 13 (1) (c) (d) of the Prevention of Corruption Act, 1988. The undisputed fact of the case is that 34th National Games was allotted to the Jharkhand Olympic Association in the year 2002. A Host City Contract was executed for the purpose on 26.06.2005. The petitioner was the president of Jharkhand Olympic Association at the relevant time. The petitioner was also the Vice President of the Indian Olympic Association (IOA). As per the terms of the Host City Contract, an organizing committee known as National Games Organizing Committee (NGOC) was registered as a society under the Societies Registration Act, 1860. In his capacity as the president of Jharkhand Olympic Association, the petitioner was designated as the Working Chairman of the said National Games Organizing Committee. The allegations against the petitioner are of three folds which are as follows:

(i) The petitioner caused a wrongful loss to the tune of Rs. 50 lakhs to the state exchequer by being instrumental in payment of Rs. 50