NARENDRA KUMAR SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application by sole petitioner has been filed for quashing order dated 1.2.1994 passed by the special Judge (Vigilance), South Bihar, Patna, in special case No. 74 of 1986 arising out of Vigilance P.S. Case No. 29/86 taking cognizance under Sections 467, 468, 471, 409, 477 -A, 420 and 120(B) of the Indian Penal Code and Section 5(2) read with Section 5(1)(c)(d) of the Prevention of Corruption Act, 1947 corresponding to Section 13(2), read with Section 13(1)(c)(d) of the Prevention of Corruption Act, 1988 against the petitioner and others, and for quashing entire criminal prosecution against the petitioner followed by the aforesaid order.

(2.) THE facts giving rise to this petition in short are that Arun Kumar Singh, Vigilance Inspector, lodged a written report on 1.10.1986 addressed to Officer -in -charge of Vigilance Police Station, Patna alleging therein that the petitioner who at the relevant time was posted as Prakhand Vikas Padadhikari, Lakhisarai, Munger, in conspiracy with his subordinate staff and officers defalcated a sum of Rs. 50,000/ - of the Government money by preparing false record in respect of construction of 4 private dug wells for irrigation purpose. It was further alleged that the petitioner made payment in respect of aforesaid wells on the recommendation of Junior Engineer, without inspecting the site and in fact in one case no tube well was sunk and in other case the tube wells sunk were not according to the sanctioned size. It was also alleged that the petitioner got the work executed through one Rajendra Jha alias Nepali Babu who instead of paying 90% of Government subsidy to Harijan applicants paid only at the rate of Rs. 16 each per day. On the basis of aforesaid written report Vigilance P.S. Case No. 29/86 under Sections 120 -B, 409, 420, 467, 468 and 471 of the Indian Penal Code and Section 5(2) read with Section 5(1)(c)(d) of Prevention of Corruption Act was registered (Annexure 1) and the police after investigation on 25.1.1994 submitted charge -sheet (Annexure 2) which was received in Court on 1.2.1994. On the basis of charge -sheet cognizance against the petitioner and others was taken and processes were issued against them. The petitioner surrendered before the Court below on 27.6.1995 and filed a petition stating therein that he had already been granted bail in this case and prayed for allowing him to remain on that bail and his prayer was allowed.

(3.) THE petitioner relying upon the decisions of the Supreme Court in the cases of Bishwanath Pd. Singh V/s. State of Bihar, 1994 (Suppl.) SCC 97, Santosh De V/s. Archana Guha, AIR 1994 SC 1229 ; 1994 (2) East Cr C 539 (SC), and a decision of this Court in the case of R.K. Mandal V/s. State of Bihar, 1997 (1) PLJR 103 :1997 (1) East Cr C 578 (Pat), has prayed for quashing entire criminal proceeding of the case under consideration against him on the ground of abnormal delay in trial.