AMITABH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned senior counsel for the petitioner and learned counsel for the respondents.

(2.) The present petition has been preferred under Sec. 482 of the Code of Criminal Procedure (in short Cr.P.C.) to quash the order dtd. 17/3/2023 passed in Special Case No. 353 of 2017, arising out of EOU P.S. Case No. 17 of 2017, where learned Special Judge Vigilance, Patna, took cognizance for the offence punishable under Sec. 13(1)(e) of the Prevention of Corruption Act, 1988.

(3.) The prosecution story as it appears from the written report of Dy.S.P cum Investigating Officer, Economic Offence Unit, Patna, is that upon secret information received by the informant, it came to light that petitioner Amitabh Kumar, who is at present a Motor Vehicle Inspector (in short MVI) and posted at Shoehar, has embezzled huge amounts of money and assets illegally by misusing his post and power, when he was posted as MVI in Patna. The investigating period (check period) of this case is from 9/7/2011 to 17/11/2017. It is further alleged that, during the course of prima-facie investigation, the informant discovered that the total legitimate income of the petitioner, Amitabh Kumar, amounted to Rs.28,18,789.00, whereas his total expenditure was assessed at Rs.6,69,259.00. It has also been alleged in the FIR that the cumulative value of his movable and immovable assets stood at Rs.49,69,981.00. It was further alleged in the FIR that during the tenure of his services from 9/7/2011 to 17/11/2017, he was involved in illegal means and practices to acquire assets disproportionately to their valid sources of income to the tune of Rs.28,20,451.00. Consequently, the present case was instituted.