1. This is a petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 [“Cr. PC”] for quashing of FIR No. RC2202022E0007 under sections 120-B of the Indian Penal Code, 1860 [“IPC”] read with Sections 11, 12, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 [“PC Act” or “the Act”] (pre-2018 amendment) dated 18.05.2022 and charge sheets dated 07.10.2022, 01.07.2023 and 07.06.2024, filed in FIR/RC and also the quashing of the cognizance orders dated 27.02.2023, 22.09.2023 and 25.02.2025 along with consequential orders passed by learned Special Judge (PC Act).

2. A preliminary enquiry (PE No. 220/2021/E0002) was registered by CBI, EOU-IV, New Delhi on 23.09.2021 concerning alleged irregular appointments of Substitutes in Group-D posts in various Zonal Railways during the period 2004-2009. It was alleged that unknown public servants of the Indian Railways appointed and later regularized substitutes without adhering to the prescribed guidelines, without issuing any advertisement or public notice, and by showing undue haste in processing applications. Several appointees, though residents of Patna, Bihar, were appointed in distant Railway Zones such as Mumbai, Jabalpur, Kolkata, Jaipur and Hajipur, with applications that were improperly addressed yet processed and approved within a few days.

3. The enquiry revealed seven specific instances where land situated in Patna was transferred by the appointees or their family members to the family members of the petitioner, then Union Minister for Railways, or to M/s AK Infosystems Pvt. Ltd., a company later controlled by his family. These transactions included five sale deeds and two subsequent gift deeds in favour of Smt. Rabri Devi, Smt. Misha Bharti and Smt. Hema Yadav, daughters and wife of the petitioner. In consideration of these transfers, twelve individuals or their relatives were allegedly appointed as substitutes in six different Railway Zones. The enquiry noted that the lands were purchased at prices significantly below prevailing circle rates, often shown as paid in cash, and later gifted at substantially higher values.

4. In total, about 1,05,292 sq. ft. of land, presently valued at approximately Rs. 4.39 crore as per current circle rates, was allegedly acquired by the family members of the petitioner through these transactions. The enquiry prima facie indicated abuse of official position by the petitioner to obtain pecuniary advantage for his family in exchange for railway appointments, with the beneficiaries of appointments also acting as participants in the alleged offence. Accordingly, FIR No. RC2202022E0007 was filed at Police Station EO-II Delhi. Subsequently, chargesheet was filed under Sections 120-B of IPC read with Sections 11, 12, 13(1)(d) and 13(2) of the PC Act, 1988 (pre-2018 amendment), against the petitioner, his family members, the appointees, railway officials and other private individuals.

5. Mr. Kapil Sibal learned Senior Counsel for the Petitioner, submitted that the Petitioner has been subjected to grave persecution and prolonged harassment on account of a wholly mala fide and vexatious investigation. The alleged offences pertain to the period between 2004 and 2009, whereas the impugned RC/FIR dated 18.05.2022 came to be registered after an unexplained delay of nearly fourteen years. It was urged that for the very same allegations, the CBI through its various zones had earlier conducted investigations between 2009 and 2014 by registering PEs and RCs, which culminated in closure reports that were accepted by the competent courts by separate judicial orders.

6. It was further submitted that despite the aforesaid earlier investigations, the Respondent-CBI initiated a fresh preliminary enquiry on 23.09.2021 by concealing the existence of its previous enquiries. After conducting the said preliminary enquiry for nearly eight months, the CBI registered the present regular case bearing RC No. RC