KUMAR SUMAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Sri Sunil Kumar Singh, learned counsel appearing on behalf of the petitioner and Sri Rakesh Kumar, learned counsel appearing on behalf of the Central Bureau of Investigation.

(2.) Petitioner in both cases (Cr. Misc. Nos. 37620 and 43488 of 2005) is one and the same person. He has filed the aforesaid two petitions assailing the orders dated 16-9-2005 and 21-10-2005, passed in Special Case No. 13 of 2003/R.C. No. 24A of 2003, whereunder the Court below has refused to discharge him from the trial for the offence under Sections 120-B, 420, 380, 409 and 411 of the Indian Penal Code and Sections 8 and 13(2) read with Sections 13(l)(e) and (d) of the Prevention of Corruption Act, 1988 and then has proceeded to frame charges for the offences under the aforesaid sections under order dated 21-10-2005.

(3.) Learned counsel for the petitioner with reference to the averments made in these petitions contended that the offences under Sections 409, 120-B and other allied sections of the Penal Code and Sections 8 and 13(2) read with Sections 13(l)(c) and (d) of the Prevention of Corruption Act, 1988 are not made out against the petitioner as he is not a public servant as also he has not induced any public servant for committing the Medical Admission Scam as the petitioner was roped in the said scam only at the stage when the buyers for the solved question papers which were already leaked out by the Bank officials and others were being looked for learned counsel for the petitioner, in support of his contentions, relied on several judgments of the Apex Court rendered in the case of the State of Tamil Nadu, Superintendent of Police, C.B.I./S.I.T., Petitioner v. Nalini and others reported in AIR 1999 SC 2640, Paragraphs-680, 588, 589, 593 and 594, the State of Bihar v. Ramesh Singh reported in AIR 1977 SC 2018, Paragraph-4, K.R.Purushothaman v. State of Kerala reported in (2005) 7 Supreme 323 : (AIR 2006 SC 35); Nathu Garam v. State of U.P. reported in AIR 1979 SC 716; Superintendent and Remembrancer of Legal Affairs, W.B. v. Mohan Singh and others reported in AIR 1975 SC 1002.