SHEONARAYANRAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner, in this application, seeks quashing of a first information report giving rise to Aurangabad P.S. Case No. 341 of 1986 tor an alleged offence punishable under Sections 161/165A of the Penal Code and Section 5 (a) of the Prevention of Corruption Act and the police investigation being conducted on that basis which remains unconcluded even after about ten years. The first information report was lodged on the basis of a written report given to the police by the Subdivisional Officer, Aurangabad.

(2.) According to the first information report, the Subdivisional Officer found the petitioner, a Government peon, accepting Rs. 2/- for a form being given by him to a member of the general public. He caught hold of the accused-petitioner and the person from whom he had accepted Rs. 2/- and on enquiry came to learn that the petitioner had 'sold' form K to him for a consideration of Rs. 2/-. On search a two- rupee note and two one rupee notes were found in the pocket of the petitioner. In the first information report the informant expressed his suspicion that the petitioner was selling the form on taking bribe of Rs. 2/-. On the basis of the first information report a case was instituted and investigation was undertaken which remains unconcluded till date.

(3.) In the counter-affidavit, filed on behalf of the State, it is stated that the submission of the final report was delayed for want of sanction for prosecution. It is stated that sanction was sought by letter, dated 17-01-90, but the grant of sanction was still awaited.