State consent under DSPE Act prior to FIR registration validates CBI investigation despite earlier preliminary verification; no quashing of proceedings post charge-sheet and cognizance absent miscarriage of justice.

JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

In both these petitions the common question of fact and law are involved and in view of that these petitions are being heard together.

2. Heard learned counsel appearing for the petitioners and learned counsel appearing for the CBI.

3. In Cr.M.P. No.1876 of 2025 the prayer is made for quashing of the entire criminal case being R.C. Case No.11(A)/2023-R arising out of CBI/ACB R.C. No.10(A)/2023-R registered for the offence under Section 7 of Prevention of Corruption Act, 1988 (as amended in 2018) pending in the Court of learned A.J.C.-XVIII-cum-Special Judge, CBI, Ranchi. The prayer is also made for quashing/setting aside the charge-sheet including the order taking cognizance dated 22.12.2023.

4. The case has been registered alleging therein that on the basis of complaint dated 19.09.2023 by one Smt. Lata Devi against this petitioner stating that he demanded bribe of Rs.30,000/- from her for placing her in service on compensatory ground in place of her late husband Raju Munda. After the complaint dated 19.09.2023 to verify the allegation Smt. Lata Devi was handed over with a digital voice recorder and asked to record the conversation with this petitioner and later on she informed that during conversation the petitioner demanded bribe of Rs.30,000/- to Rs.35,000/-. The recorded conversation was thereafter transferred to laptop and upon hearing the content of the recording shows that demand of bribe of Rs.30,000/- to Rs.35,000/- was made. Pre trap memorandum dated 04.10.2023 took place, thereafter, the team reached the office of the petitioner as decided in pre-trap memorandum Smt. Lata Devi signaled and thereafter, trap laying officer rushed towards the room where Sandeep Kumar was intercepted while rushing towards exit and he denied for receipt of the bribe and when he was taken back to the room Smt. Lata Devi confirmed about the acceptance of bribe by Sandeep Kumar and thereafter, Rs.30,000/- wrapped in A4 paper recovered from shelf adjacent to the chair where Sandeep Kumar taken the bribe money was recovered. Thereafter, solution of sodium carbonate was prepared where the petitioner was asked to dip his right hand fingers in the said solution and on doing so the colour of the said solution turned pink, the wash was transferred to glass bottle and sealed and marked as RHW, similar procedure was conducted from left hand fingers and a sealed bottle marked as LHW. Thereafter, the conversation recorded in the micro SD card was listened. The memorandum of recovered and seizure list was prepared and arrest memo and personal search memo was handed over to the wife of the petitioner.

5. In Cr.M.P. No.955 of 2025 the prayer is made for quashing of the entire criminal proceeding including the order taking cognizance in connection with RC 03(A)/2024-R registered under Section 7 of Prevention of Corruption Act, 1988 pending in the Court of learned AJC-XVIII-cum-Special Judge, CBI, Ranchi.

6. The case has been registered alleging therein that the instant case was registered vide RC 0242024A0004 dated 02.04.2024 under section 7 of the Prevention of Corruption Act, 1988 (as amended in 2018) under the notification under Section 6 of Delhi Special Police Establishment Act, 1946 by the Government of Jharkhand on the basis of written complaint dated 13.03.2024 of Shri Krishna Kumar of District Chatra, Jharkhand, working as Coal Lifter of ABC Enterprises which is an authorized transp