ALOK KUMAR VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application under section 482 of the Code of Criminal Procedure, 1973, has been preferred by the sole petitioner to quash the investigation started in connection with Gandhi Maidan P.S. Case No.28/90 (GR 349 of 1990), dated 21.1.90. During the pendency of the present proceeding in this court, cognizance was taken by order dated 14.9.93, which has been brought on record by a supplementary affidavit, marked Annexure -3, and further prayer has been made to quash the impugned order of cognizance. This application was admitted for hearing on 17.2.94.

(2.) ACCORDING to the First Information Report dated 21.1.90, lodged by one Baikunt Narain Singh, Regional Coal Officer, BISCO -Coal, Biscomaun, Patna, pursuant to a raid in the office chambers of the accused -petitioner on 22.1.90 at 4.30 P.M. he was found in possession of unaccounted money amounting to Rs. 10,572/ -, which he had acquired by taking bribe from various coal dealers. The petitioner was then posted as Asstt. Depot Manager, Regional Coal Marketing Officer, BISCO Coal, Biscomaun, Patna. On these allegations, Gandhi Maidan P.S.Case No. 28, dated 22.1.90, was registered under section 161, IPC. A copy of the FIR is marked as Annexure 1 to the quashing petition. The petitioner was charge sheeted after investigation by the police, and the learned CJM was pleased to take cognizance of the alleged offence u/s 161 IPC in Gandhi Maidan P.S. Case No. 28, dated 21.1.90/GR No. 349/90. it is relevant to state that the impugned order of cognizance oh the face of it was barred by limitation. Learned CJM also considered the application in terms of section 473 Cr. PC, extended the period of limitation, and passed the impugned order of cognizance.

(3.) LEARNED counsel for the prosecution rebutted the contentions advanced on behalf of the petitioner.