JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

1. Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this court under section 482 of the Code of Criminal Procedure, 1973 with the prayer to quash the entire criminal proceeding including order taking cognizance dated 03.09.2019 passed by learned Special Judge, CBI, Dhanbad in connection with R.C. Case No. 08A/2016-D, whereby and whereunder, the learned Special Judge, CBI-cum-Additional Sessions Judge- XI, Dhanbad has been pleased to take cognizance of the offences punishable under Sections 120-B, 420 of Indian Penal Code and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988.

3. The case of the prosecution in brief is that while the petitioner was posted as Senior Principal Scientist, Standard Technology Management International (S&T) (STMIG) section in BDIL (STMIG Section) Department was responsible for collection of Royalty Dues from the co-accused-M/s Suparna Chemical Ltd. but the petitioner deliberately, in criminal conspiracy with the co-accused person, did not point out the manipulation made by the co-accused person public servant in the agreement dated 30.07.2003 and the petitioner failed to take action for recovery of huge outstanding royalty from the co-accused private party, which caused wrongful loss to Central Institute of Mining and Fuel Research (CIMFR), Dhanbad.

4. It is further alleged that the co-accused-M/s Suparna Chemical Ltd. had made payment of Royalty of Rs. 35,868/- only to CMRI, Dhanbad up to 23.03.2006 but did not pay any Royalty thereafter but no action was taken by the petitioner; who was posted as Senior Principal Scientist, Standard Technology Management International (S&T) (STMIG) section of BDIL, CIMFR, Dhanbad for collection of outstanding Royalty and penal interest from the co-accused company for 9 years and he issued letters to the said company for payment of Royalty in June and September, 2015 only and due to these omissions and commissions on the part of the wrongful loss to the tune of Rs. 85,02,228/- to CIMFR, Dhanbad with corresponding wrongful gain to the petitioner and others occurred.

5. It is further submitted by learned counsel for the petitioner that the memorandum of understanding was signed with regard to percentage of Royalty to be paid for Joint Development of Indigenous Chemical Oxygen Self Rescuer (Raksha Kawach) on 30.07.2003 to which the petitioner was not a signatory and there is specific allegation against the co-accused-Nageshwar Sahay of fraudulently altering Para 7.2 of the said agreement by reducing the period of royalty from 10 to 8 years. It is further submitted that the co-accused Nageshwar Sahay also changed Para-3 of Terms and Conditions at Annexure-1 of the said agreement by reducing the penal interest as 12% instead of 18% per annum. After execution of the said agreement at his own level without approval of Director and without getting the said alterations/manipulations authenticated by the co-accused S.K. Chaudhuri, the authorized signatory of the said agreement and the petitioner was not involved in the said manipulation either.

6. Mr. Yogendra Prasad, learned counsel for the petitioner submits that though the said company M/s Suparna Chemical Ltd. supplied/sold 25,989 number of Raksha Kavach to the different PSUs and also to various private parties during February 2005 to February 2015 valued rate of Rs. 21.34 crores and M/s Suparna Chemical Ltd. was required to make payment of Royalty @ 2.1% of basic price to CMRI as stipulated under Para-3 of Annexure-I, and basic sale value of the said Raksha Kavach was 18.55 crores, so the said company M/s Suparna Chemical Ltd. instead of paying Royalty amount of Rs.38.95 lakhs, it paid only Rs. 35,868/- to the CMRI up to 23.03.2006 and the company did not make payment of balance Royalty amount to CMRI which attracted the penal interest on the balance Royalty amount, thus the penal interest on Rs. 38,95,603