INDU SHEKHAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) I have heard learned counsel for the petitioner and also learned counsel for the complainant - opposite party no, 2.

(2.) THIS application has been filed under Section 482 of the Code of Criminal Procedure (hereinafter referred to as "the Code") for quashing the entire criminal prosecution launched against the petitioner incfuding the order taking cognizance dated 20.1.1994 passed in Complaint Case No. 01/c/93 and 506/94 under Sections 161, 420 and 504 of the Indian Penal Code.

(3.) LEARNED counsel appearing on behalf of the petitioner submitted that the allegations set forth in the complaint are wholly frivolous and the petitioner has been made accused by the complainant just to harass and humiliate him. Learned counsel further submitted that in the complaint petition, the complainant has categorically stated that he had handed over a sum of Rs. 5000/ - to the petitioner in his official chamber whereas in his statement on solemn affirmation he has stated that he gave a sum of Rs. 10,000/ - to the petitioner. Learned counsel further submitted that in view of the contradictory statement made by the complainant the entire case appears to be highly improbable and the court below could not have acted upon the same. Learned counsel further submitted that prior to filing of the complaint petition, the complainant along with other employees of the Bihar State Pollution Control Board had approached this Court in C.W.J.C. NO: 1486 of 1992. for regularisation of their services and this Court vide order dated 24.9.92 as contained in Annexure -2 dismissed 'the writ application directing the authorities to proceed with the selection and appointment against the vacancies which were advertised on 12.12.1990. In the light of the order, as contained in Annexure -2, learned counsel for the petitioner submitted that since the petitioner could not succeed in this Court in the writ application, he filed the complaint petition making frivolous allegations against the petitioner.