AJAY KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner has filed this petition under Section 482 of the Code of Criminal Procedure (in short, the Code) with a prayer to quash the order dated 12th March, 2004 of the learned Special Judge, C.B.I., South Bihar, Patna passed in Special Case No. 13 of 2003 whereby cognizance of offences under Sections 120 -B, 380, 409, 411 and 420 of the Indian Penal Code and Sections 8 and 13(2) read with Section 13 (1)(c) & (d) of the Prevention of Corruption Act, 1988 (in short, the Act) has been taken against the petitioner and some other accused persons.

(2.) THE allegation on the petitioner is that he was an officer in Canara Bank, Bokaro and being in conspiracy with other accused persons, he removed the sealed packet of question papers of C.B.S.E. -All India PMT/PDT Examination, 2003 from the strong room and got copy of the question papers prepared and after getting huge amount from the conspirators (co -accused) provided the copies to them and facilitated the leakage of question papers and commission of entire offences alleging that the petitioner had also confessed his guilt in his statement under Section 164. of the Code recorded by a Magistrate.

(3.) ON the basis of the materials from the charge -sheet, the learned Standing Counsel for the C.B.I. argued that the petitioner was engaged in alleged offence which is known as Question Paper Leakage Scam relating to Medical/Dental Examination Test by pilfering the question papers from the strong room and copying it out and then leaking it to the other accused persons for illegal gain.