JUDGMENT :

Heard the parties.

2. This Criminal Miscellaneous Petition has been filed with a prayer for quashing the entire criminal proceeding including the Order dated 30.09.2019 taking cognizance for the offences punishable under Section 120 (B), 201, 420, 468, 471 of the Indian Penal Code and under Section 13 (2) read with Section 13 (1) (d) of the Prevention of Corruption Act, 1988 in R.C. Case No. 04(A)/2013-R passed by learned A.J.C.-XVI-cum-Special Judge, C.B.I., Ranchi inter alia against the petitioner.

3. The brief facts of the case is that the co-accused persons respectively being the member, examination controller-cum-secretary of the Jharkhand Public Service Commission thus public servants along with a private person of M/s. Global Informatics and inter alia the petitioner entered into a criminal conspiracy and in pursuance of the said criminal conspiracy, the public servants in abuse of their respective official positions dishonestly and fraudulently manipulated/allowed to manipulate the merit list, assessment charts of the selection process of lecturers of the three universities of Jharkhand to extend undue benefit to their preferred candidates including the petitioner and inter alia dishonestly and fraudulently the petitioner was declared qualified even though the petitioner got marks less than the minimum marks required for the said examination and for this purpose marks in the assessment charts of the petitioner was increased to extend undue favour to the petitioner which facilitated the selection of the petitioner as a lecturer of English. The specific allegation against the petitioner is that the petitioner was declared selected on the basis of 37 marks for his career and 38 marks for interview i.e. total 75 marks but the Central Forensic Science Laboratory deciphered that the petitioner was initially given 31 marks in the interview which was manipulated to 38 in the Assessment Chart and by such manipulation the petitioner was only entitled to get 75 marks which was the minimum marks required and because of the said manipulation done in criminal conspiracy with the coaccused public servants, the petitioner could succeed in getting selected as a lecturer in English. The co-accused member of Jharkhand Public Service Commission who was the Chairman of the Interview Board in respect of the interview of the petitioner for the said purpose, in criminal conspiracy with the petitioner, did the manipulation.

4. After completion of investigation of the case, the Central Bureau of Investigation submitted charge-sheet inter alia finding that the petitioner along with the co-accused persons having committed the offences Cr. M.P. No.2161 of 2020 punishable under Sections 120 B, 201, 420, 468, 471 of the Indian Penal Code and under Section 13 (2) read with Section 13 (1) (d) of the Prevention of Corruption Act, 1988. The learned trial court on perusal of the relevant documents found that offences punishable under Sections 120 B, 201, 420, 468, 471 of the Indian Penal Code and under Section 13 (2) read with Section 13 (1) (d) of the Prevention of Corruption Act, 1988 is made out inter alia against the petitioner and vide order dated 30.09.2019 took cognizance for the said offences inter alia against the petitioner.

5. Mr. Mahesh Tewari-learned counsel for the petitioner submits that in running page-79 of the brief which is the internal page-18 of the chargesheet, the petitioner has been described in his address portion as- Assistant Professor of History in V.B.U. i.e. Vinoba Bhave University but in fact the allegation against him is that he is an Assistant Professor in the subject of English and not History. It is further submitted that the learned trial court ought to have considered that without ascertaining the entire facts on the basis of so-called information given by the Central Forensic Science Laboratory, the charge-sheet have been submitted, it ought not to have taken cognizance of the offence. It is next submitted that