ANUPAM KUMAR TIWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioners have filed this application for quashing the prosecution against them in Special Case No. 14 of 2006 arising out of Vigilance P.S. Case No. 16 of 2006 for the offences under Sections 420, 467, 468, 471, 120B of the Indian Penal Code and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act.

(2.) THE facts leading up to the present matter are that at the instance of the Finance Department, Gandhi Maidan P.S. Case No. 147/2003 was registered under Sections 420 and 409 of the Indian Penal Code against petitioner no. 1, Anupam Kumar Tiwari. The allegation was that he was sanctioned a loan of Rs. 2,00,000/ -for construction of house on his land and Rs. 1,50,000/ - was paid to him as first instalment. Subsequently, he is stated to have obtained the second instalment by committing forgery regarding the progress of work of construction of the house. With similar allegation Gardanibagh P.S. Case No. 181/2003 and Vaishali P.S. Case No. 281/2003 were instituted respectively against petitioner no. 2 Rudra Narayan Pandey and petitioner no. 3, Ramashish Ram. In all the three cases charge sheets have already been submitted.

(3.) LEARNED counsel for the petitioners submits that precisely on the same allegations two cases have been filed with the only difference that in the Vigilance Cases the offences under Section 13 (2) read with Section 13(1)(d) have been added apart from the other Sections of the Indian Penal Code. It is submitted that the petitioners are being subjected to double prosecution with respect to the same occurrence.