LAKSHMAN PRASAD PAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and also learned counsel for the Vigilance.

(2.) By this writ application under Article 226 of the Constitution, the petitioner has prayed for quashing of the entire prosecution launched against him in Special Case No. 28/90 arising out of Bhagwan Bazar P.S. Case No. 5(6)/76 under Section 161 of the Indian Penal Code read with Section 5(2) of the Prevention of Corruption Act.

(3.) It is submitted by learned counsel for the petitioner that till date no witness has been examined and charges were framed against the petitioner on 27-4-2001 and even thereafter there is no headway in the trial. It is further submitted that the case remained pending since 1976 and the petitioner is alleged to have accepted bribe of Rs. 20.00. Learned counsel points out that initially the petitioner appeared in the case in the year 1976 and he was enlarged on bail and thereafter he appeared again in the case on 13-1-1998. It is further submitted that it is not a case that at no point of time the petitioner had appeared in the case. In support of his contention, reliance has been placed on a decision of the Apex Court in the case of Rajdeo Sharma (II) v. State of Bihar (1999) 7 SCC 604 and unreported judgment of a Bench of this Court as contained in Annexure-4.