VAKIL PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the order dated 9th July, 2007 passed by the High Court of Judicature at Patna in Criminal Miscellaneous No. 17513 of 1998. By the impugned order, the High Court has dismissed the petition preferred by the appellant under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C.'), seeking quashing of proceedings pending against him in Special Case No. 29 of 1987 before the Special Judge, Muzaffarpur for allegedly committing offences under Sections 161 (before its omission by Act 30/ 2001), 109 and 120B of the Indian Penal Code, 1860 (for short 'the I.P.C.') and Section 5(2) of the Prevention of Corruption Act, 1947 (for short 'the Act').

(3.) The case has a chequered history and, therefore, in order to appreciate the rival stands of the parties, it would be necessary to notice the background facts in a little greater detail. The genesis of the case dates back to 8th April, 1981 when a search operation was conducted by the office of the Superintendent of Police, Crime Investigation Department, (Vigilance), Muzaffarpur, on the basis of a complaint lodged by a civil contractor against the appellant, an Assistant Engineer in the Bihar State Electricity Board (Civil) Muzaffarpur, for allegedly demanding a sum of Rs.1000/- as illegal gratification for release of payment for the civil work executed by him. In the trap laid to catch the culprit, the chemically treated currency notes are stated to have been recovered from appellant's pocket. As a follow up action, after investigation by an Inspector of Police, a chargesheet for the afore-mentioned offences was filed against the appellant on 28th February, 1982. The Magistrate took cognizance on 9th December, 1982. Nothing substantial happened till 6th July, 1987 except for dismissal of an application, dated 30th June, 1983 filed by the prosecution for reinvestigation of the case, when the case was transferred from Muzaffarpur to Patna.