BHAGWANJEE PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Tara Kant Jha, learned senior counsel for the petitioner and Mr. B.P.Pandey, learned senior counsel for the Vigilance.

(2.) BY this application under Articles 226 and 227 of the Constitution, the petitioner has prayed for issuance of a writ of certiorari quashing the criminal prosecution launched against him pending in the court of the Special Judge, Patna in Special Case No. 2/95 appertaining to Vigilance P.S. Case No. 15/95 for the offence under Sections 13(2) and 13(1)(e) of the Prevention of Corruption Act only on the ground of delay of the investigation.

(3.) A counter affidavit has been filed on behalf of the Vigilance that on 17.12.1999 the Investigating Officer submitted his last progress report and on 31.1.2000 he submitted his investigation report to the Inspector General of Vigilance which, on examination, was not accepted and further investigation was directed to be made. Due to rush of work and shortage of staff, investigation of this case could not be completed. It is further stated in the counter affidavit that investigation of the case is almost complete and final form will be submitted within four weeks.