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2019 DIGILAW 232 (JHR)

Abhay Kumar Choudhary v. Union Of India

2019-01-23

B.B.MANGALMURTI

body2019
JUDGMENT 1. Heard learned counsel for the petitioner and learned counsel for the C.B.I. It is submitted on behalf of the petitioner that the petitioner has prayed for a direction upon the respondents for further investigation of the RC Case No. 03A 2012(R) dated 18t h January, 2012 by which F.I.R has been registered against the petitioner and other co-accused persons under various Sections of I.P.C. read with Section 13(2) and Section 13(1)(d) of the Prevention of Corruption Act , as the investigation has not been done properly and in fair manner. 2. Learned counsel for the petitioner further submits that C.B.I. has not properly investigated the case although the case was registered against the unknown officers of the Khadi and Village Industries Commission, Ranchi as well as Ranjit Kumar and Raj Kishore Mishra. He submits that the manner of investigation is not proper inasmuch as, the officers of the Khadi and Village Industries Commission were left while submitting the charge- sheet. Charge-sheet was submitted only against the petitioner and Ranjit Kumar and Raj Kishore Mishra although, without the involvement of the officers of the Khadi and Village Industries Commission, misappropriation would not have taken place. Learned counsel for the petitioner further submitted that even after submission of charge-sheet, matter can be reinvestigated for which he relied upon the decision rendered in the case of " Pooja Pal Vs. Union of India" reported in (2016) 3 SCC 135 where it has been held as under:- 87. "Any Criminal offence is one against the society at large casting an onerous responsibility on the State, as the guardian and purveyor of human rights and protector of law to discharge its sacrosanct role responsibly and committedly, always accountable to the law-abiding citizenry for any lapse. The power of the constitutional courts to direct further investigation or reinvestigation is a dynamic component of its jurisdiction to exercise judicial review, a basic feature of the Constitution and though has to be exercised with due care and caution and informed with self-imposed restraint, the plenitude and content thereof can neither be enervated nor moderated by any legislation." 3. The power of the constitutional courts to direct further investigation or reinvestigation is a dynamic component of its jurisdiction to exercise judicial review, a basic feature of the Constitution and though has to be exercised with due care and caution and informed with self-imposed restraint, the plenitude and content thereof can neither be enervated nor moderated by any legislation." 3. Learned counsel for the C.B.I. submitted that at the relevant time, this petitioner was holding the post of Secretary of Chotanagpur Khadi Gramodyog Sangh, Tiril, Ranchi and in connivance with salesman and manager of Chotanagpur Khadi Gramodyog Sansthan, Ranchi entered into criminal conspiracy with other unknown officers of Khadi and Village Industries Commission, who had prepared document showing fake production and sale of Khadi Products on the basis of forged invoice and cash memo with intention to claim Market Development Assistance(MDA) from the Central Government. In order to promote Khadi, Government of India, through Khadi and Village Industries Commission had introduced scheme of Market Development Assistance of production by substituting the scheme of rebate w.e.f., 01s t April, 2010 and MDA was allowed at the rate of 20 per cent on cost of production. 4. The total amount of Market Development Assistance claimed by Khadi Institution was supposed to be distributed amongst many stake holders like spinners and weavers, producing institutions as well as selling institutions at the ratio fixed in the scheme during the financial year 2010-2011. Market Development Assistance was framed for promotion of Khadi but during investigation it was found that fake cash memo was prepared without actual sale of material. The separate claim of false sales, fake production of material were shown and for this purpose false reports of raw materials were also shown in the invoice. This action of petitioner caused loss to the organization and thereby cheated the Government of India. 5. Accordingly, the charge sheet was submitted against this petitioner as main person behind the whole conspiracy. Since no substantial evidence could be found against the unnamed officers therefore, they were not charge sheeted. This action of petitioner caused loss to the organization and thereby cheated the Government of India. 5. Accordingly, the charge sheet was submitted against this petitioner as main person behind the whole conspiracy. Since no substantial evidence could be found against the unnamed officers therefore, they were not charge sheeted. Lastly, learned counsel for the C.B.I. has submitted that he also relied paragraph 65 of the same judgment referred by and on behalf of the petitioner and submitted that the Honble Apex Court has also held that a great caution must be taken in exercising the power for order of reinvestigation and that should be invoked sparingly, cautiously and in exceptional Situation when it becomes necessary to provide credibility and to instil confidence in the investigation for doing complete justice and enforcing fundamental rights. 6. Having heard learned counsel for the parties and on perusal of the papers, attached with this application and on consideration of the judgments placed from the side of the petitioner, it appears that to gain benefit of MDA scheme fake invoice/papers were prepared and wrong figures of sales and cash receipts were shown which has resulted into loss causing to the Government of India by this petitioner by using forged document with dishonest intention. 7. With regard to the submission made by counsel for the petitioner submitted that steering committee was formed which consists of five persons who had the power to supervise the working of Chotanagpur Khadi Gramodyog Sangh, Tiril, Ranchi but against those committee members no investigation was carried nor they were made accused in this case, this petitioner was Secretary of Chotanagpur Khadi Gramodyog Sangh and with a view to cheat Government of India, submitted dishonest claim of MDA which caused loss to Government of India. False Cash memos were also recovered from his residence. He tried to cause disappearance of evidence and tore the portion of documents where his signature were appearing. For personal gain he sold non-Khadi Products through the Sale-Outlets and cheated number of customers who under deception of purchasing Khadi, purchased cheaper mill made materials by paying higher price, thus cheated the Government as well as Public. 8. Since the matter was investigated at length and the charge sheet was submitted and presently the matter is under trial before the Court below therefore, I find no occasion to order for re-investigation of the case at this stage. 8. Since the matter was investigated at length and the charge sheet was submitted and presently the matter is under trial before the Court below therefore, I find no occasion to order for re-investigation of the case at this stage. If the evidence regarding the involvement of other accused persons transpire during the trial then as per the provision of law, the trial Court is competent to take recourse of those provisions and may pass order accordingly. 9. In the result, instant writ application is dismissed. Let a copy of this order be transmitted to the Court concerned.