JUDGEMENT
-
(1.)Leave granted in all the Special Leave Petitions. The challenge in these appeals is against a common judgment and order dated 21st February, 2008 passed by the High Court of Judicature at Patna, by which the continuation of Special Case No. 30 of 2006 in the Court of Special Judge, Vigilance at Patna (corresponding to Laheri P.S. Case No. 88/2006) has been interdicted by the High Court in the exercise of its jurisdiction Under Section 482 of the Code of Criminal Procedure, 1973 (for short "the Code").
(2.)The aforesaid criminal proceeding against the Respondents was registered Under Section 406, 409, 420, and 120B of the Indian Penal Code, 1860 (for short "IPC") and Under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988.
(3.)The First Information Report ("FIR" for short), on the basis of which the case against the Respondents accused was registered was lodged on 24th June, 2006. Upon investigation, charge-sheet was filed against the Respondents accused on 8th March, 2007 finding, prima facie, allegations of commission of the offences alleged. It may be noticed, at this stage, that the filing of the F.I.R. followed by the charge-sheet was preceded by a detailed vigilance inquiry which was ordered as far back as on 6th July, 2001 and report whereof was submitted by the Authorized Officer on 17th February, 2004. In the F.I.R. lodged as well as in the charge-sheet filed against the Respondents accused, there is a detailed reference to the report of the vigilance inquiry indicating the findings recorded in support of the charges levelled against the accused.
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.