HRIDAYA CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has filed this application under Section 482 of the Code of Criminal Procedure, for quashing the entire proceeding of Vigilance Case No. 12 of 1999. registered on the basis of the written report of Parmanand Singh, Police Inspector, Vigilance Investigation Bureau, Patna, under Sections 409, 419, 420, 467, 468, 471, 477-A and 120-B of the Indian Penal Code and Sections 13 (1) (d) and Sections 13(2) of the Prevention of Corruption Act, 1988 against the accused persons including the petitioner and also the orders dated 5.12.2007 and 3.1.2008 passed by the Special Judge, Vigilance-1, Patna, in Special Case No. 14 of 1999, whereby the Special Judge, Vigilance-I, Patna, vide order dated 5.12.2007, took the cognizance of the offence under Sections 409, 419, 420, 467, 468, 471, 477-A and 120-B of the Indian Penal Code against all the accused including the petitioner, whereas vide order dated 3.1.2008, took the cognizance of the offence under Sections 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988, against the accused - petitioner.

(2.) The brief fact, leading to this application, is that on the basis of the written report of the opposite party no.2, Sri Parmanand Singh, Police Inspector, Vigilance Investigation Bureau, Patna, Vigilance Case No. 12 of 1999 dated 3.6.1999 was instituted under Sections 409, 419, 420, 467, 468, 471, 477-A and 120-B of the Indian Penal Code and Sections 13(2) read with Sections 13 (1) (d) of the Prevention of Corruption Act, 1988 against the ten officials of Block Level including the petitioner, Hridaya Chaudhary, Block Agriculture Officer, Islampur, Nalanda and some unknown persons. It has been alleged in the report that in course of inquiry by the Vigilance Investigation Bureau, it has come in the light that in collusion with Block Development Officers, Block Agriculture Officers, Junior Engineers and Staffs of the concerned Block, the government money, meant for "Jaldhara Yojana, 1996-97" has been misappropriated for their personal benefits, ignoring the directions and guidelines issued by the Deputy Development Commissioner, : Nalanda. It has further been alleged that on the block level proceeding regarding the identification of signature, the Block Agriculture Officer, the petitioner, Hridaya Chaudhary, was sent, who admitted that the records relating to "Jaldhara Yojana" are to be maintained by him and the Block Development Officer. Before handing over the records to the Investigating Officer relating to Yojana Nos.111, 116, 94, 57, 114, 2, 5, 96, 86, 90, 36, 68, 69, 106, 10, 29, 76, 157, 34, 19, 6, 44, 112, 120, 11, 34 and 36 of 1996-97, in the records, the signature of the petitioner, Hridaya Chaudhary, was found cutting, which itself disclose that attempt was made to destroy the records.

(3.) On investigation, the Deputy Superintendent of Police-cum-lnvestigating Officer, Vigilance Investigation Bureau, Patna, submitted the chargesheet against the accused, Suryanath Prasad, Hridaya Chaudhary (petitioner), Hridya Narain Singh, Biseshwar Prasad, Ajay Kumar Verma, Arun Kumar, Sahjanand Singh, Manoj Kumar, Md. Samim, Sunil Kumar, Kishori Prasad and Bangali Prasad, under Sections 409, 419, 420, 467, 468, 471, 477-A and 120-B of the Indian Penal Code and Sections 13(2) read with Section 13 (1) (d) of the Prevention of Corruption Act, 1988 through Charesheet No.265 of 2007 dated 30.11.2007, whereas submitted final form against the accused, Mundrika Prasad and Rajendra Rai, due to their death and against the accused, Wahizad Raj, Md. Shamim, Mithilesh Prasad, Sahabuddin, Tarkeshwar Prasad, Permeshwar Prasad, Krishna Prasad, Shankar Dayal and Santosh Kumar, due to lack of evidence. On perusal of the case diary, the Special Judge, Vigilance-I, Patna vide order dated 5.12.2007 took the cognizance of the offence under Sections 409, 419, 420,467, 468, 471, 477-A and 120-B of the Indian Penal Code against the accused, Hridaya Chaudhary (petitioner), Hridya Narain Singh, Biseshwar Prasad, Ajay Kumar Verma, Arun Kumar, Sahjanand Singh, Manoj Kumar, Md. Samim, Sunil Kumar, Kishori Prasad and Bangali Prasad and under Sections 409, 419, 420, 467, 468, 471, 477-A and 120-B of the Indian Penal Code and Sections 13(2) read with Section 13(1) (d) of the Prevention of Corruption Act, 1988, against the accused, Suryanath Prasad with further order to take the cognizance under Sections 13(2) read with Section 13 (1) (d) of the Prevention of Corruption Act, 1988 against the accused Hridaya Chaudhary (petitioner), Hridya Narain Singh, Biseshwar Prasad, Ajay Kumar Verma, Arun Kumar, Sahjanand Singh, Manoj Kumar, Md. Samim, Sunil Kumar, Kishori Prasad and Bangali Prasad, after receiving the sanction order for prosecution. Later on, vide order dated 3.1.2008, on receiving the sanction order for prosecution from the Government in respect of the petitioner, the Special Judge, Vigilance-I, Patna, took the cognizance of the offence under Sections 13(2) read with Sections 13 (1)(d) of the Prevention of Corruption Act, 1988 against the accused-petitioner, Hridaya Chaudhary.