LAWS(PAT)-2019-9-25

SARYUG KUMAR Vs. STATE OF BIHAR

Decided On September 16, 2019
SARYUG KUMAR Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner has sought for quashment of order of cognizance dated 15.03.2016 passed by learned Special Judge, Vigilance-II, Patna, in Vigilance Police Station Case No.46 of 2015, corresponding to Special Case No.9 of 2015, whereby cognizance has been taken against the petitioner for the offences under Sections 7/13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988.

(3.) The prosecution case is that informant Amrit Kumar Singh gave a written complaint to the Superintendent of Police, Vigilance Investigation Bureau, Patna, alleging therein that the informant is a regular student of the Temple of Hahnemann Homeopathic Medical College and Hospital, Munger (hereinafter referred to as 'THH College') where the petitioner was In-Charge Principal. The informant passed in theory papers for four and half years of Bachelor of Medicine and Surgery in the year 2013. Thereafter, the petitioner joined the House Surgeon-ship on 16.05.2014 and the House Surgeonship completed on 16.05.2015. Allegation is that the informant had to take certificate of the House Surgeon-ship as well as certificate of his character from the petitioner being Principal of the College and petitioner demanded Rs.50,000/- (Fifty thousand) to provide the certificate. The informant prayed for taking appropriate action against the Principal.