LALITA DEVI Vs. STATE OF BIHAR THRU.VIGILANCE

JUDGEMENT

(1.) THIS application has been filed for quashing the order, dated 4.8.2008 passed by the Special Judge Vigilance i, Patna in Special Case No. 7/1995, arising out of Vigilance PS Case No. 12/1995, whereby and whereunder the petition for discharge of the petitioner has been rejected.

(2.) THE petitioner is the wife of Dwarika Nath Rai and has been made accused along with her husband in a case under sections 420, 467, 468 and 471 of the Penal Code and section 5 read with sections 5(2), 5(1) (e) of the Prevention of Corruption Act, 1947. The allegation is that Dwarika Nath Rai, Superintending Engineer during his period of service, the check period being between 5.9.1963 to the years 1989 -90 has amassed wealth disproportionate to his assets which has resulted in Vigilance PS Case No. 12/1995. The court has refused to discharge the petitioner on the allegations contained in the FIR and the charge sheet.

(3.) THE allegations are that Sri Rai has constructed (a) a double storied house in Kankarbagh which according to the prosecution version is worth Rs. 10 lacs in the name of his wife, (b) that Sri Rai has purchased a Fiat car in October, 1976 for Rs. 30,380/ - in the name of his wife after taking a loan of Rs. 23,000/ - from a bank, (c) Sri Rai has opened an account in the name of his wife in Bankipur Post Office after depositing Rs. 35,000/ - in the year, 1989, (d) Sri Rai has also purchased a house in Rajbansi Nagar, New Punaichak which is worth about Rs. 3 lacs, (e) Sri Raihas also purchased through a sale deed, dated 14.1.1982 a piece of land for Rs. 42,000/ - measuring I katha 12 dhurs and 12 dhurkies in the name of his wife, (f) Sri Rai has purchased a piece of land on 13.1.1982 measuring 1 katha 12 dhurs and 10 dhurkies on consideration of Rs. 41,000/ -, (g) it is also alleged that Sri Rai has two wives, the petitioner being the second wife. A title suit was instituted by the son of the 1st wife for partition of a house which was later withdrawn. It is alleged that Sri Rai has wrongly described the petitioner as his sister. On the basis of the aforesaid allegations the petitioner has been sent up to face the trial under the sections mentioned aforesaid.