RAM YASH RAM Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) This is a petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking the quashing of the order dated 10.11.2011, passed by the learned Special Judge, Vigilance, North Bihar, Muzaffarpur in Special Case No. 23 of 2006, arising out of Vigilance P.S. Case No. 28 of 2006, whereby and whereunder the petition dated 15.05.2010 filed under Section 239 Cr.P.C. for discharge has been dismissed.

(2.) Initially, a complaint case was filed in the Court of Special Judge, Vigilance, North Bihar, Muzaffarpur which was referred to the Vigilance Police Station pursuant to which a preliminary inquiry was conducted. After holding preliminary inquiry, an FIR was instituted on 02.05.2006 against the petitioner and one another under Sections 465, 466, 468, 471, 201 and 120 B of the Indian Penal Code and Section 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988. In the preliminary inquiry, it was found that the petitioner, who was the then Chief Medical Officercum-Civil Surgeon, Muzaffarpur, conspired together with one Dr. Sakaldeep Choudhary and by abusing his official position issued a disability certificate to one Poonam Kumari without physically examining her. It was further revealed that the aforesaid certificate was granted after obtaining pecuniary advantage for himself and in order to conceal the illegal act, he tampered with the official record.

(3.) On completion of the investigation, the police submitted charge-sheet against the petitioner and Dr. Sakaldeep Chaudhary pursuant to which the learned Special Judge, took cognizance of the offence vide order dated 17.01.2009.