ANOSH EKKA Vs. STATE

JUDGEMENT

(1.) The question which has been raised in this application is as to whether the Special Judge, Vigilance does have power at all to refer the complaint under Section 156(3) of the Code of Criminal Procedure for institution of a first information report and its investigation?

(2.) The facts giving rise this application are that the complainant-respondent No. 7 lodged a complaint case before the learned Special Judge, Vigilance, Ranchi alleging therein that the petitioner (the then Minister, Government of Jharkhand) has acquired the assets disproportionate to his known source of income which allegation was based on the news item published in the daily Hindi Newspaper the "Prabhat Khabar"; paper cutting of which also annexed with the complaint petition. On receiving the complaint, learned Special Judge, vide its order dated 24-11-2008 referred the complaint under Section 156(3) of the Code of Criminal Procedure to the Vigilance Police Station Ranchi for institution of a first information report and investigation. Pursuant to the aforesaid order, Vigilance P. S. Case No. 26 of 2008 was instituted under Sections 406, 409, 423, 424, 465, 120(B) of the Indian Penal Code as also under Sections 11/13(2) read with Section 13(1) of the Prevention of Corruption Act. :

(3.) Being aggrieved with the said order passed by the learned Special Judge, this writ application has been filed for quashing of the said order dated 24-11-2008 under which the complaint case was referred to the vigilance Police Station for institution of a first information report.