MAHENDRA LAL DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Leave granted.

(2.) The appellant who, at the relevant time, was an Executive Engineer, Public Engineering Department, Mechanical Division, Ranchi, has prayed for quashing of the FIR registered on 20-5-1988 against him under Sections 5 (2) read with Section 5(1)(e) of the Prevention of Corruption Act, 1947 wherein it was alleged that the appellant was in possession of disproportionate assets to the extent of Rs. 50,600/-. The FIR was sought to be quashed mainly on the ground that despite expiry of over 12 years, the respondent-State had not granted the sanction which amounted to the violation of his right of life and liberty as enshrined in Article 21 of the Constitution of India. The petition, filed by the appellant, was dismissed vide the order impugned on the ground that mere delay in granting the sanction has not prejudiced the appellant in any manner particularly when he is already on anticipatory bail.

(3.) It appears that one Smt. Usha Punindre Narayan Sinha, filed a FIR in the Vigilance Thana, Division and District, Patna, alleging that the appellant while holding different posts during the years 1961-62 to 1982-83 acquired disproportionate assets by misusing his official position and adopting corrupt means. During investigation, the appellant gave details of his income and expenses, on the basis of which the IO concluded that the appellant was in possession of Rs. 50,600/- as unaccountable money. As no prosecution was launched against the appellant till the year 2000, he moved the High Court for quashing the proceedings and his prayer was rejected vide the order impugned.