Dismissed

Bal Krishna Ram v. The State Of Jharkhand Through Chief Secretary And Ors.

Jharkhand HC21 Jan 2020W.P.(Cr.)/307/2016

Case brief

AI extract

What is this about?

Two criminal writ petitions were filed to quash First Information Reports (FIRs) and enquiry reports in corruption cases. The petitioners sought permission to withdraw the petitions, which was granted, and the cases were dismissed as withdrawn.

What did the court decide?

Permission to withdraw the petitions was granted, leading to the dismissal of the petitions as withdrawn.

Bal Krishna Ram Vs The State Of Jharkhand Through Chief… — Corruption | Jharkhand HC (2020)

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI

¶2

W.P. (Cr.) No. 307 of 2016

¶3

Bal Krishna Ram, s/o Bhagatu Ram, Resident of Gram and Post-Daru, P.S.-Senha, District-Lohardaga, Jharkhand.

¶4

… … Petitioner

¶5

Versus

¶6

The State of Jharkhand through Chief Secretary, Govt. of Jharkhand, Project Building, Dhurwa, P.O.-Dhurwa, P.S.Jagannathpur, Ranchi-4.

¶7

The Principal Secretary, Department of Health, Medical Education and Family Welfare Department, Govt. of Jharkhand, Nepal House, Doranda, P.O. & P.S. –Doranda, District-Ranchi-2.

¶8

The Additional Inspector General of Police (Anti Coruption Bureau) Adre House, Kanke Road, P.O. & P.S. –Kanke, District-Ranchi.

¶9

The Secretary, Cabinet Secretariat (Vigilance), Project Building, Dhurwa, H.E.C. Colony, P.O. & P.S. – Jagannathpur, District-Ranchi-4.

¶10

The Joint Secretary, Cabinet Secretariat (Vigilance), Project Building, Dhurwa, P.O.- Dhurwa, P.S.- Jagannathpur, District-Ranchi-4.

¶11

The Superintendent of Police, Anti-Corruption Bureau, Adre House, Kanke Road, P.O. & P.S.- Misir Gonda, DistrictRanchi.

¶12

The District Engineer, Zila Parishad, Lohardaga, P.O. & P.S.-Lohardaga, District-Lohardaga.

¶13

… … Opp. Parties

¶14

With

¶15

W.P. (Cr.) No. 212 of 2016

¶16

Jitendra Paswan, s/o Sri Kameshwar Paswan, resident of District Engineer’s Qtr., Zila Parishad Colony, Dhanbad, P.O. & P.S. - Dhanbad, District-Dhanbad, Jharkhand.

¶17

… … Petitioner

¶18

Versus

¶19

State of Jharkhand through Chief Secretary, Govt. of Jharkhand, Project Building, Dhurwa, H.E.C. Colony, P.O. & P.S.- Jagannathpur, Ranchi-4.

¶20

Principal Secretary, Department of Health, Medical Education and Family Welfare Department, Govt. of Jharkhand, Nepal House, Doranda, Ranchi-2.

¶21

Additional Inspector General of Police (Anti Coruption Bureau) Adre House, P.S.-Kotwali, P.O.-G.P.O., Kanke Road, Ranchi.

¶22

¶23

Secretary, Cabinet Secretariat (Vigilance), Project Building, Dhurwa, H.E.C. Colony, P.O. & P.S. – Jagannathpur, Ranchi-4.

¶24

Joint Secretary, Cabinet Secretariat (Vigilance), Project Building, Dhurwa, H.E.C. Colony, P.O. & P.S. - Jagannathpur, Ranchi-4.

¶25

Superintendent of Police, Anti-Corruption Bureau, Adre House, Kanke Road, P.O. & P.S.- Misir Gonda, DistrictRanchi.

¶26

District Engineer, Zila Parishad, Lohardaga, P.O. & P.S.Lohardaga, District-Lohardaga. … … Opp. Parties

¶27

CORAM: HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY ---

¶28

11 /21.01.2020

¶29

1. Learned counsel for the petitioner is present.

¶30

2. W.P. (Cr.) No. 307 of 2016 has been filed for the following reliefs: -

¶31

“for quashing of the F.I.R. lodged by the Vigilance bearing Vigilance Case No.-61 of 2016, Vigilance P.S. Case No.-58 of 2016, dated 11.08.2016 registered under Sections 409, 420, 467 468, 471, 477(A)/120 (B) of Indian penal Code, r/w Section 13(1) (c) &(d) and 13(2) of Prevention of Corruption Act-1988;

¶32

And Further pray for quashing of the entire criminal proceeding so far it relates to the Petitioner as the Department, who got the work done has given clearance/clean cheat to the work done by the Zila Parisad and the Hospital is running smoothly and as such no case is made out as well as further continuance of the proceeding shall amount to and abuse of process of law.

¶33

And Further prays to issue an appropriate writ in the nature of certiorari or any other appropriate writ for quashing the enquiry report dated 21.05.2015 submitted by the Technical Committee (Vigilance) constituted pursuant to the letter of the Dy. Secretary, Cabinet (Vigilance) Department, Govt. of Jharkhand vide Letter

¶34

¶35

No.- NI. VI (Stha)-15/2012-1000 dated 06.06.2014 (Annexure-2) as because the enquiry report is not based on the enquiry referred to A.C.B. on specific 10 points. And Further prays for grant of an appropriate writ(s)/order(s)/direction(s) for which Petitioner is found entitled to currently pending in the Court of Sri Ashutosh Dubey, A.J.C.-II-cum-Special Judge, Vigilance, Ranchi.”

¶36

3. W.P. (Cr.) No. 212 of 2016 has been filed for the following

¶37

reliefs: -

¶38

“That in the instant writ application the petitioner prays for following relief: -

¶39

(i) To issue an appropriate writ in the nature of certiorari or any other appropriate writ for quashing the enquiry report dated 21.05.2015 submitted by the Technical Committee (Vigilance) constituted pursuant to the letter of the Dy. Secretary, Cabinet (Vigilance) Department, Govt. of Jharkhand vide letter no.- NI. VI(Stha)15/2012-1000 dated 06.06.2014 (Annexure-2) as because the enquiry report is not based on the enquiry referred to A.C.B. on specific 10 points.

¶40

AND

¶41

(ii) To quash the letter of request made by the Joint Secretary, Cabinet Secretariat and Vigilance Department, Govt. of Jharkhand contained in letter no. NI.VI(Swa)-15/2012-1482 dated 15.07.2016 whereby the whereunder the said Respondent has made a request to the Respondent No. 2 to register and FIR against the petitioner and others on the basis of the enquiry made pursuant to registering the P.E. Case No. 32/13 dated 02.11.2013 (Annexure 3).

¶42

(iii) For issuance of an appropriate writ in the nature of mandamus or any other appropriate writ directing the

¶43

¶44

Respondents to reconsider the writ presentation submitted by the petitioner dated 11.05.2016 (Annexure 4) by which the petitioner has explained his position that there has been no irregularity or misappropriation of fund in construction Of 100 bed hospital at Lohardaga and the enquiry is based on running measurement book as well as payment of royalty, VAT, Sales Tax etc. has been duly paid, after giving personal hearing to the petitioner.

¶45

(iv) And for quashing of the F.I.R. dated 11.8.2016 bearing Vigilance Case No. 58/2016 currently pending in the court of Sri Ashutosh Dubey, Special Judge, Ranchi.”

¶46

4. Learned counsel for the petitioner seeks permission to withdraw these petitions. He submits that withdrawal of these petition will not prejudice the case of the petitioner in any manner before the learned court below.

¶47

5. Permission for withdrawal of these petitions is accorded.

¶48

6. Accordingly, these petitions are hereby dismissed as withdrawn.

¶49

7. It is made clear that dismissal of these petitions will not prejudice the case of the petitioner in any manner before the learned court below.

¶50

8. Interim order, if any, stands vacated.

¶51

9. Pending interlocutory applications, if any, are also dismissed as not pressed.

¶52

10. Let a copy of this order be communicated to the learned court below through ‘FAX’.

¶53

(Anubha Rawat Choudhary, J.)

¶54

Mukul

Bal Krishna Ram v. The State Of Jharkhand Through Chief Secretary And Ors.

Case brief

What is this about?

What did the court decide?

Bal Krishna Ram v. The State Of Jharkhand Through Chief Secretary And Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Madan Mohan Pandey Vs the Union of India through CBI

Rameshwar Jha Vs the State of Jharkhand through Vigilance

Jitendra Meena Vs the State through C B I

Digambar Singh Vs the State of Jharkhand through a C B

Satyabrat Gupta Vs State of Jharkhand through CBI

Sunil Kumar Singh Vs Union of India through Its Central Bureau of Investigation Economic Offences Wing