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2022 Supreme(Jhk) 1245

GAUTAM KUMAR CHOUDHARY
Chandra Bhushan Sahay – Appellant
Versus
Union of India through Central, Bureau of Investigation – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Pandey Neeraj Rai, Advocate, Mr. Rohit Ranjan Sinha, Advocate For the Opposite Party: Mr. Prashant Pallav, D.S.G.I. Ms. Shivani Jaluka, AC to D.S.G.I.

JUDGMENT :

1. The instant petition has been filed under Section 482 Cr.P.C. for setting aside the entire criminal proceeding against the petitioner/accused in RC-14(A)/2010-R pending in the court of Special Judge, CBI, Ranchi for the offence punishable under Section 120B read with Sections 420, 465 & 471 of the Indian Penal Code and Section 13(2) read with Section 13(1)(c) of the Prevention of Corruption Act, 1988. (hereinafter referred to as P.C. Act.)

2. The petitioner accused was the project officer at the relevant time and on surprise check conducted by the CBI huge shortage was found between the actual physical stock and the book stock of coal in Central Coal Field Mines.

3. The FIR was registered on 29.06.2010 with regard to coal-shortage in Jharkhand Open Cast Project, Hazaribagh Area of Central Coalfields Ltd., in which the petitioner had been the Project Officer during the year, 2009-10. The instant case was instituted after the joint surprise check conducted by the CBI on 04.02.2010 in Jharkhand Coals Project CCL under Hazaribagh, which disclosed shortage of 30,887.38 metric ton of coal. The total Book Stock of coal on the date of check was 1,87,988.18 metric ton, whereas af

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