TRIBHUWAN ROY Vs. THE STATE OF BIHAR

JUDGEMENT

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

(2.) In this case, the petitioner is challenging the order dated 13th January, 2011 passed by the Special Judge, Vigilance-I, Patna in Special Case No. 51 of 2006, arising out of Vigilance P.S. Case No. 60 of 2006 whereby and whereunder the learned court below has taken cognizance under Sections 13(2) read with 13(1)(E) of the Prevention of Corruption Act, 1988 (hereinafter, in short, referred to as the 'Act').

(3.) Before coming to the facts of the case, it is relevant to mention here that the petitioner had earlier challenged the order of cognizance dated 2nd December, 2006 passed by the In-charge, Special Judge, Patna in Special Case No. 51 of 2006. The order of cognizance was challenged on the ground that Sri Munilal Paswan, In-charge Special Judge, Vigilance, Patna did not have jurisdiction to try the case under the P.C. Act other than one relating to Animal Husbandry. It was further argued that the Special Judge, Vigilance was duly appointed under Section 3 of the Act who was authorized to take cognizance under the Act. The Court had accepted the argument and quashed the order of cognizance and remanded back the case for adjudication, without delay and after the remand, the Vigilance Court vide order dated 13th January, 2011 took cognizance under the aforesaid Sections of the Act, mentioned hereinabove.