KANCHAN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is against the concurrent dismissals by the Trial (Special Judge (Vigilance), Patna, in Special Case No. 9 of 2000 dtd. 28/3/2016) and the High Court (High Court of Judicature at Patna, in Criminal Miscellaneous No. 23031 of 2016 dtd. 5/10/2016) of the application for discharge filed by the Appellant under Sec. 227 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.').

(3.) Facts leading to the filing of this Appeal: The Appellant joined the Bihar State Financial Corporation (hereinafter referred to as 'the BSFC') in the capacity of an Assistant General Manager on 19/7/1974. After a period of thirteen years, in 1987, a complaint came to be filed against the Appellant for having allegedly purchased three houses and two pieces of land in Bihar, which according to the complainant, was disproportionate to Appellant's known sources of income. This complaint was inquired into, and after a detailed investigation, the allegations were found to be false. Except for a residential house in Patna, which the Appellant had purchased on 29/8/1988 for Rs.2,26,500.00 with the help of a loan from the BSFC, no other assets could be traced to the ownership of the Appellant. However, despite finding no merit in the allegation, the investigation was kept pending.