RAMANAND CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) - Ramanand Chaudhary, the appellant, was employed as Circle Inspector in the Revenue Department of the State of Bihar. One Manik Singh filed a complaint before the police that the appellant had demanded Rs. 200/ - from him as bribe for getting his work done in the Revenue Department. As a consequence a raid was conducted on March 30, 1979 and it is alleged that two currency notes of the value of one hundred each were recovered from the appellant. Thereafter no further action was taken by the police for about six years and it was only on January 28, 1985 that the opinion of the Public Prosecutor was sought by the Revenue Commissioner to enable him to consider the question of grant of sanction for the prosecution of the appellant. In a detailed opinion running into 17 pages the Public Prosecutor discussed the material collected by the Investigating Officer and finally came to the conclusion as under :

(2.) The Revenue Commissioner, Patna considered the opinion of the Public Prosecutor and by his order dated May 3, 1988 refused to grant the sanction. The said order runs as under :

(3.) The Deputy Inspector General of Police (Vigilance) reopened the matter and by his letter dated August 25, 1989 requested the Revenue Commissioner to reconsider the question of the prosecution of the appellant. The Commissioner again asked for the opinion of the Public Prosecutor who reiterated his earlier opinion and by his letter dated March 22, 1990 opined that the case against the appellant was not a fit case for Criminal Prosecution. He, however, recommended that departmental action may be taken against him. The Revenue Commissioner, however, by his order dated March 27, 1990 granted sanction to prosecute the appellant. The Special Judge (Vigilance), South Bihar, Patna took cognizance of the case on November 21, 1990. The appellant invoked the jurisdiction of the High Court under Section 482, Criminal Procedure Code praying for the quashing of criminal proceedings against him. The High Court dismissed the application in limine.