In the High Court of Jharkhand at Ranchi Cr.Rev. No.413 of 2011 with Cr.Rev.No.1032 of 2010 Subhash Chandra............. …..............Petitioner V E R S U S C.B.I through S.P, Dhanbad........…Opposite Party CORAM: HON’BLE MR. JUSTICE R.R.PRASAD For the Petitioner : Mr. M. B. Lal For the C.B. I : Mr. Niranjan Kumar 13/ 14.03.14. Learned counsel appearing for the petitioner submits that it is the case of the prosecution that on inspection, it was found that in the relevant record, the quantity of Bitumen which has been received in the store was shown tobe 425.859 M.T whereas storage capacity of the store was only to the extent of 298.420 M.T and thereby 127.439 M.T. of Bitumen was shown to have been stored in excess on the basis of false and manipulated entries made in the official record but so far this petitioner is concerned, the allegation what was put forth against the petitioner, the then Junior Engineer, is that the petitioner did make entry in the relevant record of issuance of 28 M.T of Bitumen whereas in the stock, it had been shown only 5.587 M.T. Thus whatever allegation/charge was there against the petitioner that is based on that document but it had never been placed by the C.B.I with the charge sheet and thereby the petitioner filed an application for discharge which was rejected without taking into account the plea which had been advanced on behalf of the petitioner and therefore, against the order under which prayer for discharge was rejected, the petitioner has preferred Cr. Rev. No.413 of 2011. It was further pointed out on behalf of the petitioner that before the order was passed on the discharge application, the petitioner had filed an application before the court for directing the C.B.I to produce the said document. The statement was made in the court on behalf of the C.B.I that C.B.I would not be placing any reliance on the said -2- register whereas said register is the basis for prosecution of the petitioner and hence the court after considering the submission advanced on behalf of the C.B.I rejected the prayer of the petitioner and being aggrieved with that order, the petitioner has filed Cr. Rev. No.1032 of 2010 Since both the matters were inter related to each other, both the cases were heard together. While the matter was pending, certain documents upon which the C.B.I would be placing reliance has been served upon the counsel appearing for the petitioner and an affidavit to that effect has also been filed on behalf of the C.B.I. However, the stand which has been taken on behalf of the petitioner is that a bunch of documents which have been served upon him on behalf of the C.B.I never related to the documents showing issuance of 28 M.T. of Bitumen. However, claim of the C.B.I is otherwise. Having heard learned counsel appearing for the parties, it does appear that one of the grievances which had been raised on behalf of the petitioner is that documents, upon which the C.B.I would be placing reliance, had not been served. However, while the matter was pending, certain documents have been served upon the counsel, upon which C.B.I would be placing reliance but according to learned counsel for the petitioner, the main document upon which culpability of the petitioner has been found by the C.B.I has not been served. Further it does appear that the plea which has been taken by the petitioner before the court below that no material is there on the record to show that the petitioner had ever made any entry in the relevant document relating to issuance of 28 M.T, had never been taken into account while passing the order on the discharge application and hence, that order is hereby set aside. The matter needs to be re-examined by the court in the light stated above to determine as to whether sufficient materials are there for putting the petitioner to trial. - 3 - With the aforesaid observation, the matter is remanded back to the court concerned so that the court may pass a fresh order on the petition of discharge within one month from the date of receipt of a copy of this order. Accordingly, both the applications stand disposed of. (R.R.Prasad, J.) ND/