ORDER :

Through this criminal miscellaneous petition, petitioner has prayed for quashing the order dated 16.01.2013 passed by the Special Judge, CBI, Ranchi in R.C. 3(A)/11-R, by which cognizance has been taken for the offences under Sections 120B of the Indian Penal Code, read with Sections 420, 468, 471 of the Indian Penal Code, Sections 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act and Section 52 of the Jharkhand Regional Development Authority Act, 2001, and Section 82 of the Registration Act, 1908 and petitioner has been summoned.

2. The criminal case being R.C. 3(A)/11-R was registered on the basis of a complaint dated 25.03.2011 received from the Registrar General, Jharkhand High Court, Ranchi, which alleged rampant violation of the provisions of Jharkhand Regional Development Authority Act 2001 and other relevant bylaws by the unknown officers/officials of Ranchi Regional Development Authority (RRDA), Ranchi and unknown builders/firms and companies engaged in the development of real estate in the city of Ranchi in criminal conspiracy among themselves and in strict abuse of official positions by such officers/officials of the RRDA, Ranchi. The complaint was made in compliance to the orders passed by the Jharkhand High Court, Ranchi in W.P.(PIL) No. 1531 of 2011 dated 22.03.2011 in the matter of Har Narain Lakhotia Vs. State of Jharkhand and others. The case was registered for offences under Sections 120B r/w 420 of the Indian Penal Code, and Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988 and Sections 52 and/or 55 of the Jharkhand Regional Development Authority Act, 2001.

3. The Central Bureau of Investigation took up the investigation and submitted a supplementary chargesheet being Chargesheet No.01/13 vide memo No.147/3/03(A)/2011(R)(F1) dated 11.01.2013. According to the allegations in the chargesheet, petitioner, being Director of M/s Jagannath Lifecare (P) Ltd. purchased 45 decimal land bearing plot numbers 564B, Khata No.27, under mauza Hatma on 16.10.2006 in the name of the company from Shri Basant Toppo S/o late Kaila Oraon, resident of Karamtoli, Ranchi. The approach road for the plot was from the Radium Road side. Subsequently, during February 2008, M/s Jagannath Lifecare (P) Ltd. Booty Road (through Radium Road), Ranchi submitted building construction plan vide BC 269/08 in the name of Dr. Sudhir Kumar & Others. It is alleged that from the available records maintained in the RRDA, it was found that BC Case No.269/08 was applied for construction on plot number 564, under mauza-Hatma. The plan was submitted through Shri Sandip Kumar Jha, Architect. During processing of the file, it was found that the land on which plan was proposed, falls under Public Open Space and as such the plan can not be sanctioned. File of BC Case No.269/08 is not traceable in RRDA, records however show that it has not been disposed off i.e. either sanctioned or rejected. It has further been alleged that while the plan vide BC Case No.269/08 was still in process at the RRDA, Dr. Sudhir Kumar in the capacity of Director M/s Jagannath Life Care (P) Ltd. submitted a fresh plan (vide BC 531/2008 dated 30/04/2008) for sanction of construction of a B+G+4 structure through Shri Anupam Tirkey of M/s. Grids Consultants Ranchi. The file relating to the BC Case No.531/2008 is also not traceable in the RRDA, but, the Building Construction Case Register maintained for the year 2008 shows that BC Case No.531/08 was filed by M/s Jagannath Lifecare (P) Ltd. through Director Dr. Sudhir Kumar. Surprisingly this time, the plot number was shown as RS 568 in place of plot number RS 564, under mauza Hatma which M/s Jagannath Lifecare (P) Ltd. or Dr. Sudhir Kumar did not possess. It has been alleged that the plan vide BC Case No.531/08 was sanctioned by the RRDA under desception by showing plot number 564 as 568. It is alleged that the above deliberate and dishonest misrepresentation is also evident from the fact that in