MANORANJAN PRASAD CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this application filed under Section 482, Cr PC, the petitioner has prayed for quashing the order dated 11.11.1998 passed by the Special Judge, Vigilance, in Special Case No. 26/97 by which the application for discharge of the petitioner from the liability has been rejected, in the case instituted under Section 7/B(2) read with Section 13(l)(d) of the Prevention of Corruption Act and also for quashing the entire criminal proceeding as against the petitioner.

(2.) IT appears that prosecution was launched against the petitioner on the basis of the statement of one Hira Prasad alleging, inter alia, that he applied for grant of a tender form for breaking up coal at High Tension Insulator Factory and for the purpose of giving the tender, the petitioner had demanded bribe of Rs. 1,000/ -(one thousand) from him. It is alleged that on 21.12.1987 the petitioner accepted a sum of Rs. 1,000/ - as bribe money which was recovered from him by the Vigilance and, thereafter, FIR was drawn up on the statement of Hira Prasad including the subsequent report of the Officer of the Vigilance department. The Vigilance, after completion of the investigation, wrote to the Government in the Industry Department, Government of Bihar for sanction of the prosecution of the petition as required under Section 19(1) of the Prevention of Corruption Act, 1988. The State Government, vide letter dated 4.11.1993 sanctioned prosecution of the petitioner in connection with the above case.

(3.) THE petitioner earlier moved this Court in Cr Misc. No. 1067/94R for quashing the entire Criminal prosecution as also the order of cognizance on the ground, inter alia, that the State Government is not competent authority to grant sanction. It was further alleged that there was inordinate delay in loading the prosecution against the petitioner for the offence under the aforesaid section. That application was dismissed by this Court giving liberty to the petitioner to raise the question of validity of sanction before the trial Court and the trial Court, after giving proper weight to the submissions of the parties, was directed to pass a reasoned order.