SANDEEP KUMAR Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) This petition under Section 482 of the Cr.P.C. has been preferred by petitioner, Sandeep Kumar, who is an accused in Special Case No. 6 of 2008, for quashing the order dated 31.5.2011 passed by learned Special Court No.-II, Vigilance, Patna in the above said Special Case No. 6 of 2008 whereby and whereunder, he disallowed the prayer of the petitioner for exemption from personal appearance under Section 205 of the Code of Criminal Procedure. It would appear from perusal of Annexure-1 from this petition that one, Awadhesh Prasad Singh was made accused for the offence under Section 13(2) read with 13(1)(C) of Prevention of Corruption Act on the charges that while working in different capacities in Irrigation/Minor Irrigation Department of Government of Bihar during the period from 1.1.1980 to 31.12.2007, he has amassed huge assets through corrupt and illegal means and/or by abusing his official position as a public servant, which was disproportionate to the known sources to his income.

(2.) It would appear that in course of investigation, this petitioner is said to have created false evidence with intent to help the main accused, Awadhesh Prasad Singh who happens to be father of the petitioner and, accordingly, the petitioner was also charge-sheeted in the above said case.

(3.) It would appear from the impugned order that the petition under Section 205 of the Cr.P.C. was filed on behalf of the petitioner for exemption from his personal appearance in the abovesaid case on the ground that presently, he is working on the post of Scientist-D, Kolkata in West Bengal in Central Pollution Control Board, Ministry of Environment and Forest, Government of India and he is suffering from several diseases, so, it is not possible for him to attend the court on each and every date. The aforesaid petition of the petitioner was rejected by the learned Special Court No.-II, Vigilance, Patna passing the impugned order dated 31.5.2011 against which, this petition has been filed.