LAWS(PAT)-2017-12-32

SMT. REENA KUMARI Vs. STATE OF BIHAR

Decided On December 19, 2017
Smt. Reena Kumari Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard learned counsels for the parties.

(2.) Petitioner, by means of this application under section 482 of the Code of Criminal Procedure, has invoked the inherent jurisdiction of this Court with prayer to quash the order dated 21.01.2014 passed by the Special Judge, Vigilance, North Bihar, Muzaffarpur in Special Case No. 26 of 2008, whereby and whereunder cognizance has been taken against the petitioner for the offence under section 420, 467, 468, 471, 477, 201, 120B of the Indian Penal Code and section 13(2) read with section 13(i)(d) of the Prevention of Corruption Act.

(3.) One Manju Kumari alleged that the accused persons i.e. Janardan Sharma, the then Mukhiya of Gram Panchayat Raj Bharthua, Reena Kumari, the present petitioner and Anju Kumari, having conspiracy with each other manufactured wrong records and got the said Anju Kumari appointed as Anganbari Sevika in place of the complainant. Learned Special Judge sent the matter for enquiry before the Vigilance Investigation Bureau who after enquiry submitted enquiry report on 14.05.2007 stating that petitioner did not play any active role in the aforesaid appointment and no prima facie case was found against the petitioner. The Deputy Superintendent of Police, Vigilance, Muzaffarpur recommended for institution of case against the petitioner, Panchayat Secretary and the then Mukhiya. Thereafter the present Vigilance P.S. Case No. 26 of 2008 was registered.