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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD
Dinesh Chandra Jha S/o Late Surya Narain Jha – Appellant
Versus
Union of India through the C.B.I. – Respondent
JUDGMENT :
SUJIT NARAYAN PRASAD, J.
1. The instant criminal miscellaneous petition has been under Section 482 of the Code of Criminal Procedure, 1973 for quashing the entire criminal proceeding including the order taking cognizance dated 02.12.2021 passed in R.C. Case No. 09(A) of 2017-D whereby and whereunder, prima facie case has been found to be made out under Section 120B read with Section 420 of IPC and Section 13 (2) read with Section 13 (1)(d) of the Prevention of Corruption Act.
Factual Matrix
2. The accused persons (public servants) in conspiracy with M/s Jiamusi Coal Mining Machinery Company Limited, Beijing (China) and its Indian agent cheated M/s Bharat Coking Coal Limited, Dhanbad during the period 2009 to 2016 by issuing supply order for two Road Header Machines for use in coal mining activities and making payment to the said company as well as accepting the said Machines which were not as per the technical specification, due to which, both the machines broke down / remained unutilized, resulting wrongful loss of Rs. 11.60 crores (approx.) to BCCL. Against the specification of Road Header Machines of 1.6 M, the said company supplied machines with overall height much more
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