The main legal point established in the judgment is that the grant of proper sanction by a competent authority is a prerequisite for taking cognizance of the offence under the Prevention of Corruption Act.

JUDGMENT :

1. The petitioner has preferred the instant Cr.M.P. under Section 482 of Cr.P.C. for quashing the order dated 10.11.2016 passed by learned Special Judge, (ACB), Ranchi in connection with Vigilance Case No.01 of 2016 arising out of Vigilance P.S. Case No.76 of 2015 whereby and whereunder, cognizance of offence under Sections 409, 120B, 201/34 of the Indian Penal Code, 1860 and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 (Hereinafter called P.C. Act.) and Sections 41/42 of the Indian Forest Act, 1927 has been taken against the petitioner.

2. Vigilance P.S. Case No.76 of 2015 was registered on 25.12.2015 under Sections 379/34/120B and Section 13(1)(d) of the Prevention of Corruption Act, 1988 on the basis of written report of Indu Bhushan Ojha, Inspector, Anti-Corruption Bureau, Hazaribag, against the Circle Officer, Jeevan Ram-Retired Circle Inspector, Krishna Verma-Body Guard of Deputy Commissioner, Dinesh Turi-Computer Operator, Markacho Police Station and 5-6 other unknown persons.

3. As per the prosecution case vide office Memo No. 12765/15 dated 23.12.2015 of the Deputy Secretary, Cabinet Secretariat and letter number 2618 dated 22.12.2015 of the Vigilance Department, Ranchi, the informant was directed to receive the First Information Report being Markacho P. S. Case No.83 of 2015 dated 16.12.2015 as well as submit a verification report on the same. Accordingly, on 23/24.12.2015, he visited the Zila Parishad Dak Bangla which was found to be in a dilapidated condition and reported that one Seesam Tree and Five Sagwan Trees had been felled in the said premises. He found the remains of these trees which were marked as 01ZP, 02ZP, 03ZP, 04ZP, 05ZP, 06ZP. He then went to the Markacho Police Station and received a copy of the First Information Report being Markacho P. S. Case No.83 of 2015 dated 16.12.2015.

4. The First Information Report disclosed that on 16.12.2015, DDC-Cum-Chief Executive Officer, Zila Parishad, Koderma, sent Letter No.745/GP to Officer in-Charge of Markacho Police Station, alleging therein, that on the evening of 15.12.2015 he received information that without obtaining permission of Competent Officer, some trees have been cut from Dakbangla of Zila Parishad, Koderma. On 16.12.2015 the DDC-Cum-Chief Executive Officer, Sudama Prasad Singh, Assistant Engineer, Ajit Kumar, Junior Engineer conducted spot verification. During enquiry, it was found that one Seesam Tree and Five Sagwan Trees had been cut. Statement of two persons, namely, Kailash Pandey and Subodh Kumar Yadav was also recorded. On the basis of the above Markacho P.S. Case No.83 of 2015 was registered on 16.12.2015 under Sections 379/34 of the Indian Penal Code and Sections 33/41 of Indian Forest Act, against the Circle Officer, Jeevan Ram-Retired Circle Inspector, Krishna Verma-Body Guard of Deputy Commissioner, Dinesh Turi-Computer Operator, Markacho P. S. and 5-6 other unknown persons Section 13(1)(d) of the Prevention of Corruption Act, 1988. Theft of the log after felling of the trees was committed and removed from there. The offence was committed in the presence of the circle officer, Krishna Verma the body guard of DC Koderma, Dinesh Turi the computer operator of Markachho P.S. Complicity of senior officer as per the FIR in the offence was not ruled out. The felling was done without any formal permission of the Circle Officer and since it fell within the jurisdiction of the DC and Jila Parishad, therefore requisite permission of these officers was required.

5. After investigation, second supplementary charge-sheet no.64/2016 dated 09.09.2016 for the offence under Section 409, 120B, 201/34 of IPC and Section 13 (2) r/w 13(1)(d) of the P.C.Act,1988 and Section 41/42 of Indian Forest Act against accused persons namely (1) Sandeep Kumar Madhesia (2) Jiwan Ram (3) Chhabi Ranjan has been submitted and cognizance of the offence is taken by order dated 10.11.2016 which is under challenge before this Court.