1 Cr.M.P. No.2632 of 2021

IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr.M.P. No. 2632 of 2021

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Pushpendra Kumar Sinha, aged about 70 years, son of Late Mithilesh

Kumar Sinha, resident of Flat No.2C, Landmark Apartment, Hawai

Nagar, Khunti Road, P.O. –Hatia, P.S. –Jagarnathpur, District -Ranchi.

… Petitioner

Versus

The State of Jharkhand through Superintendent of Police, Anti-

Corruption Bureau, Ranchi, having address as Audrey House, P.O –

G.P.O, P.S. –Gonda, District -Ranchi

…

Opposite Party

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For the Petitioner

: Mr. Prashant Bhushan, Advocate

: Mr. Pandey Neeraj Rai, Advocate

For the A.C.B.

: Mrs. Priya Shrestha, Spl. P.P.

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PRESENT

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HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

C.A.V. ON 03.01.2022

PRONOUNCED ON 24/01/2022

Anil Kumar Choudhary, J. Heard the parties through video

conferencing.

2.

This criminal miscellaneous petition has been filed with a prayer

to quash the entire criminal proceedings initiated against the petitioner vide

Vigilance (Special) Case No. 20 of 2013 (corresponding to Vigilance P.S. Case

No. 19 of 2013) registered under Sections 409, 420, 467, 468, 471, 477A with

Section 120B of the Indian Penal Code read with Sections 13(1) (c) (d) and

under Section 13(2) of the Prevention of Corruption Act, 1988 and also to

quash the order dated 06.08.2021, passed by the learned Special Judge, Anti-

Corruption Bureau, Ranchi in Misc. Cr. Application No. 1171 of 2019 and to

quash/set aside, with all consequences, the order framing charge dated

18.11.2021 as well as the charges framed on 18.11.2021.

3.

The brief facts of the case is that The First Information Report in this

case was registered with the allegation that under APDRP scheme related to

2 Cr.M.P. No.2632 of 2021

the towns of Ranchi, Khunti, Ramgarh, Jamtara and Pakur, it was detected

that illegal allotment of tender was given to the contractor under criminal

conspiracy by the petitioner along with the co-accused persons by misusing

their power and post as Public Servants. It is further alleged that the

members of the Tender Evaluation Committee were changed many times to

finalize the tender and the approval of the competent authority in submitting

the revised price was not found in the file. It is also alleged that the cost of

that was not approved by the Board and that under criminal conspiracy of

the petitioner along with the co-accused persons, the approval of the tender

was made ignoring the advice of accounts department to the contrary. It is

also alleged that projects of Ranchi town as well as the other towns of the

year 2004 was decided in the year 2008 and the work order was placed by

escalating the estimate. It is further alleged that the complicity of the

petitioner is evident from the fact that on account of intentional delay in

allotment of the work, the amount had to be raised substantially and the

petitioner is responsible for huge amount of wrongful loss caused to the

Board. The further specific allegation against the petitioner is that although

the Accounts Section of Jharkhand State Electricity Board made an objection

regarding the procedure of tender but the petitioner overruled the objection

and made favourable noting in favour of the contractor which was approved

by the Chairman and in the process the evaluation report submitted by

MECON was totally ignored in order to provide benefit to the party

concerned. It is also alleged that Ranchi district was allotted ₹ 18.81 crore

approximately in the year 2004 for this program but tender was finalized in

the year 2008 at a cost of ₹ 34.25 crores approximately causing huge wrongful

loss to the state.

4.

After su