Advocates:
['MAHESH TEWARI', '', 'ANKUR ANAND', 'RAJIV SINHA']

Cr. M.P. No.2161 of 2020

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr. M.P. No.2161 of 2020

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Ashok Kumar Singh, aged about 61 years, son of Sri B.N. Singh,

resident

of quarter No.233 Sector 1C, Bokaro Steel City, P.O.

Bokaro, P.S. B.S. City, District Bokaro

… Petitioner

Versus

The Union of India through C.B.I.

…

Opposite Party

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner

: Mr. Mahesh Tewari, Advocate

Mr. Abhishek Kr. Dubey, Advocate

Mr. Ankur Anand, Advocate

For the C.B.I.

: Mr. B. K. Prasad, Advocate

Mr. Rohit Sinha, Advocate

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P R E S E N T

HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

By the Court:- Heard the parties.

2.

This Criminal Miscellaneous Petition has been filed with a prayer for

quashing the entire criminal proceeding including the Order dated

30.09.2019 taking cognizance for the offences punishable under Section 120

(B), 201, 420, 468, 471 of the Indian Penal Code and under Section 13 (2) read

with Section 13 (1) (d) of the Prevention of Corruption Act, 1988 in R.C.

Case No. 04(A)/2013-R passed by learned A.J.C.-XVI-cum-Special Judge,

C.B.I., Ranchi inter alia against the petitioner.

3.

The brief facts of the case is that the co-accused persons respectively

being the member, examination controller-cum-secretary of the Jharkhand

Public Service Commission thus public servants along with a private person

of M/s. Global Informatics and inter alia the petitioner entered into a

criminal conspiracy and in pursuance of the said criminal conspiracy, the

Cr. M.P. No.2161 of 2020

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public servants in abuse of their respective official positions dishonestly and

fraudulently manipulated/allowed to manipulate the merit list, assessment

charts of the selection process of lecturers of the three universities of

Jharkhand to extend undue benefit to their preferred candidates including

the petitioner and inter alia dishonestly and fraudulently the petitioner was

declared qualified even though the petitioner got marks less than the

minimum marks required for the said examination and for this purpose

marks in the assessment charts of the petitioner was increased to extend

undue favour to the petitioner which facilitated the selection of the

petitioner as a lecturer of English. The specific allegation against the

petitioner is that the petitioner was declared selected on the basis of 37

marks for his career and 38 marks for interview i.e. total 75 marks but the

Central Forensic Science Laboratory deciphered that the petitioner was

initially given 31 marks in the interview which was manipulated to 38 in the

Assessment Chart and by such manipulation the petitioner was only

entitled to get 75 marks which was the minimum marks required and

because of the said manipulation done in criminal conspiracy with the co-

accused public servants, the petitioner could succeed in getting selected as a

lecturer in English. The co-accused member of Jharkhand Public Service

Commission who was the Chairman of the Interview Board in respect of the

interview of the petitioner for the said purpose, in criminal conspiracy with

the petitioner, did the manipulation.

4.

After completion of investigation of the case, the Central Bureau of

Investigation submitted charge-sheet inter alia finding that the petitioner

along with the co-accused persons having committed the offences

Cr. M.P. No.2161 of 2020

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punishable under Sections 120 B, 201, 420, 468, 471 of the Indian Penal Code

and under Section 13 (2) read with Section 13 (1) (d) of the Prevention of

Corruption Act, 1988. The learned trial court on perusal of the relevant

documents found that offences punishable under Sections 120 B, 201, 420,

468, 471 of the Indian Penal Code and under Section 13