SIDESWARI PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this criminal writ application the petitioner has prayed for quashing of entire criminal proceedings initiated against the petitioner being Special Case No. 27/1990 for an offence punishable under section 161 of the Indian Penal Code and section 5(2) of the Prevention of Corruption Act pending before the Special Judge (Vigilance), North Bihar, Patna.

(2.) THE shortly stated the presecution case is that on 9.6.1975 a first information report was lodged by one Deputy Superintendent of Police, Chapra to the effect that one Surendra Singh and Birendra Singh both injured patients of a murder case of Jalalpur P.S. Case No. 4(6)/1975 were admitted in Sadar Hospital, Chapra by the petitioner Dr. Sideshwari Prasad on 4.6.1975. The said injured patients approached the petitioner, who was posted at the relevant time at Chapra as a Medical Officer for issuance of injury report. It is alleged that the petitioner accused refused to issue the injury report without paying alleged gratification of Rs. 190/ -. The District Magistrate, Saran received information regarding the demand of bribe and accordingly he deputed the Deputy Superintendent of Police, Sri K.P. Singh, Magistrate, Sri B.P. Singh, S. A Gajnafar,lnspector (Vigilance) Chapra and the officer -in -charge of Chapra Town Police Station to enquire into the matter. They all went to the hospital and waited outside the room. At about 9.00 P.M. injured Surendra Singh talked the petitioner inside the outdoor room. The Inspector of Anti Corruption has informed the Raiding Party that the injured patient had paid money to the doctor inside the room itself. The raiding party entered into room where doctor Prasad was sitting. The raiding party, after disclosing their identity, has expressed their desire to search the accused for the recovery of the bribed money. In course of a search, the Inspector, Anti Corruption informed the raiding party that the accused doctor has thrown the money after taking out from right side pant 'spocket under the chair. The complainant collected the currency notes and accordingly prepared a list which was signed by the witnesses as well as accused petitioner. The injured patient was also disclosed. that the said currency notes were paid to the accused at 5 -7 minutes before the recovery which was kept by the accused in his right side pant 'spocket. He has also seen the accused doctor throwing the currency notes from the right side of his pant 'spocket under his chair. On the basis of the aforesaid allegations, a Jalalpur P.S. Case No. 4(6)/1975 was registered against the petitioner. After usual investigation, the police submitted charge sheet under section 161 of the Indian Penal Code including section 5(2) of the Prevention of Corruption Act on 9.1.1981. True copy of the first information report and the charge sheet are made annexure -1 and 2. respectively to this writ application. The case was ultimately transferred to the court of Special Judge (Vigilance), North Bihar at Patna. The petitioner on receipt of notice in the year 1991, has appeared before the Special Judge (Vigilance).

(3.) THE instant writ application was filed on 30.8.1996 praying for almost the same reliefs which has been rejected by this court earlier as stated above. This successive writ application was dismissed earlier on 22.4.1997 on the ground maintainability as the same and similar prayer of the petitioner was earlier rejected. Being aggrieved by the said order, the petitioner filed a Special Leave application on 28.7.1997 where the submission made before the Apex Court was the same and similar which has been raised in this writ application. The Supreme Court by its order dated 21.2.1997 remitted the case back to this court with a direction to decide the matter on merit with reference to the materials on record. Accordingly, this writ application was admitted on 6.3.1998 and further proceeding was stayed. Thereafter vide order dated 16.1.1998 the lower court records was called for.