OM PRAKASH MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this application filed under Sec. 482 of the Code of Criminal Procedure, the petitioner has prayed for quashing the order dated 15.9.1998 passed by the Special Judge, Vigilance, South Bihar, Patna, in Special Case No. 66 of 1988 by which the application for discharge filed on behalf of the petitioner has been rejected and the case has been ordered to be placed for framing of charge. The plaintiff has also filed a supplementary application and prayed for quashing the entire criminal prosecution arising out of Vigilance P.S. Case No. 0044 of. 1980, dated 22.9.1980 and Special Case No. 66/88 so far as it relates to the petitioner.

(2.) THE aforesaid Vigilance case was instituted on 22.9.1988 on the basis of a written report submitted by the Inspector of Police (Vigilance), Investigation Bureau, Patna, to the Officer -in -charge, Vigilance PIS. Patna against the petitioner and other persons under Secs. 409, 420, 120 -B of the Indian Penal Code and Sec. 5(2) read with Sec. 5(1)(c)(d) of Prevention of Corruption Act, 1947 and Sec. 13(2) read with Sec. 15(1)(c)(d) of amended Prevention of Corruption Act, 1988.

(3.) THE prosecution case, in brief, is that 238 pieces of scrap pipes was sold by the petitioner in connivance with the other accused persons, but the sale proceed amounting to Rs. 7,759.00 was not deposited in the Government treasury.