SUNIL KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has been made accused in Vigilance Police Station Case No. 40 of 2015, registered against the petitioner for the offences punishable under Ss. 7/13 (2) read with Sec. 13 (1) (d) of the Prevention of Corruption Act for demanding and accepting bribe of ?50,000/- from the complainant, namely, Madan Bihari Singh, and later on, in the trap laid by the vigilance team, the petitioner was caught red handed along with the bribe money.

(2.) The First Information Report was lodged on 20/5/2015 by the Vigilance Investigation Bureau. The petitioner was taken into custody on 20/5/2015 and was released on bail on 30/7/2017. While in jail, the petitioner filed a representation before the Director General of Police, Vigilance Investigation Bureau, through the Jail Superintendent, on 11/6/2015, which was forwarded to the Director General of Police, Vigilance Investigation Bureau on 13/6/2015, with copies of representation to the Superintendent of Police, Vigilance and the Investigating Officer of the case.

(3.) After investigation, charge sheet was submitted on 17/7/2015. The petitioner was released on bail of 30/7/2015. Since, after the order of cognizance, dtd. 31/7/2015, the case was fixed for framing of charge before the Court of learned Special Judge, Vigilance, Patna, in Special Case No. 22 of 2015. At this juncture, after lapse of two years, the petitioner filed a petition on 17/3/2017, under Sec. 173 (8) of the Code of Criminal Procedure, before the learned Special Judge, Vigilance, Patna, for directing for further investigation on the representation filed by the petitioner and further to summon the Investigating Officer of the case as to why he left the investigation on the representation of the petitioner. The aforesaid petition filed by the petitioner was dismissed by the learned Special Judge, by order, dtd. 10/2/2021, and thereafter the petitioner has filed the present writ application on 29/8/2021 for holding fair, judicious transparent investigation and for further investigation in the matter after declaring the investigation and charge sheet vitiated on the ground that the investigation was not conducted in a fair manner.