ORDER :

1. Heard the parties through video conferencing.

2. This writ application has been filed invoking the jurisdiction of this Court under Article 226 of the Constitution of India with a prayer to quash the alleged 2nd F.I.R. which is Annexure-6 of this writ application and the entire proceeding thereof in connection with Vigilance P.S. Case No. 07 of 2015 corresponding to Special Case No. 10 of 2015 which was reregistered for the offences punishable under Sections 406, 409, 419, 420, 120-B(2) of the Indian Penal Code read with Section 13(1)(c)(d) of the Prevention of Corruption Act, 1988 now pending in the court of learned Special Judge, Vigilance, Ranchi and to quash the Letter No. 260 dated 16.02.2015 issued from the Cabinet Vigilance.

3. The brief facts of the case is that Jeraikella P.S. Case No. 11 of 2011 was registered against the petitioner for the offences punishable under Sections 406, 409, 419, 420, 120-B of the Indian Penal Code on the basis of the written report submitted by the Block Development Officer, Manoharpur to the Officer In-charge, Jeraikella Police Station alleging therein that in the execution of the schemes, efforts have been made by the petitioner and the co-accused persons to defalcate the money, delay in execution, irregularity in maintenance of relevant documents i.e Measurement Book etc. which have been kept in personal possession instead of office, keeping amounts in personal accounts etc. and in connection with that case, the petitioner was arrested and remanded to judicial custody on 01.02.2013 but he was granted bail subsequently during the pendency of the case. After investigation, charge-sheet has been submitted and the proceeding is going on in the court of S.D.J.M. Porahat at Chaibasa. During the pendency of the said case, the petitioner was intimated by the Vigilance Police that he is required to attend them in connection with impugned alleged 2nd F.I.R. in Vigilance P.S. Case No. 07 of 2015 corresponding to Special Case No. 10 of 2015.

4. Mr. Krishna Murari learned counsel for the petitioner submits that in view of the principle of law settled by Hon’ble Supreme Court of India in the cases of T.T. Antony vs. State of Kerela and Others, (2001) 6 SCC 181 and Vinay Tyagi vs. Irshad Ali @ Deepak and Others, (2013) 5 SCC 762, the 2nd F.I.R. vide Vigilance P.S. Case No. 07 of 2015 corresponding to Special Case No. 10 of 2015, is not permissible in law. It is next submitted that W.P. (PIL) No. 7805 of 2013 was filed by Jharkhand against Corruption seeking intervention of this court as the Preliminary Enquiry (P.E.) No. 17/12 registered by the Vigilance Police with respect to MNREGA Schemes, has not been undertaken with due diligence by them. It is then submitted that this court expressed its displeasure that without intimating the court, the local police has already registered the F.I.R. and completed the investigation and submitted the charge-sheet and trial has commenced. Hence, it is submitted that the said 2nd F.I.R. be quashed.

5. Ms. Priya Shrestha learned Special P.P. appearing for the A.C.B. on the other hand submits that the Division Bench of this Court vide order dated 17.03.2015 passed in W.P. (PIL) No. 7805 of 2013 after being aware of all the facts including the submission of charge-sheet in Jeraikella P.S. Case No. 11 of 2011 has given its seal of approval to the cases being taken over by the Vigilance and after recording the satisfaction of the learned counsel for the petitioner in W.P. (PIL) No. 7805 of 2013 a Division Bench of this court observed in that case that in view of all the similar cases registered against the different officials and others at different police stations in the same district, have been taken over by the Vigilance Bureau for investigation and as the grievances projected by the petitioner in the said writ petition has stood redressed and accordingly disposed of the same finally vide its order dated 17.03.2015 in the said W.P. (PIL) No. 7805 of 2013 and th