Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13700 of 2012 ====================================================== Akhilesh Kumar Singh, S/o Late Jagnarayan Singh, R/o Village- Sonpukra, Bhojpur, P.S. Mussorhi, District – Patna, at present suspended Tax Daroga- Cum-Cashier, Mussorhi Nagar Parishad Office, Patna. .... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Lakshmi Narayan Das, Advocate with Mr. Akhilesh Dutta Verma, ADvocate For the Opposite Party/s : Mr. Arvind Kumar, Spl. APP (Vigilance) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN C.A.V. ORDER 8 12-09-2012 Heard Mr. Lakshmi Narayan Das, learned counsel appearing on behalf of the petitioner and Mr. Arvind Kumar, learned Special APP for the Investigation Bureau of the department of Vigilance. This application under section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 28.9.2010 whereby the learned Special Judge Vigilance-1, Patna has been pleased to take cognizance of the offence punishable under sections 7, 13(ii) read with section 13(i) (d) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the „P.C. Act‟) against the petitioner in connection with Vigilance Special Case No.29 of 2007 arising from Vigilance Case No.55 of 2007. The facts of the case in brief is that the petitioner at Patna High Court Cr.Misc. No.13700 of 2012 (8) dt.12-09-2012 2 the relevant time held the post of Tax Daroga under Masaurhi Nagar Parishad, district- Patna. A complaint was made by one Baldeo Prasad on 02.05.2007 addressed to the Officer Incharge, Vigilance Investigation Bureau mentioning therein that for the purpose of issuance of a death certificate in relation to his brother-in-law, he had filed an appropriate application and the petitioner was entrusted with the job of making enquiry into the matter. It is alleged that the petitioner did not carry out the directions and the matter remained pending. It is alleged that when the informant confronted the petitioner, the petitioner demanded bribe of a sum of Rs.4,000/-. Upon preliminary enquiry being made into the allegation, the same was found to be correct and pre-trap memorandum was prepared. A team of the Vigilance department along with the complainant proceeded at the determined place where the petitioner had directed the informant to hand over the bribe money. At the assigned place and time the petitioner demanded the amount and no sooner the informant handed over a sum of Rs.2,800/-, the details whereof are mentioned in the pre-trap memorandum and which was laced with chemicals, the officials of the Vigilance Investigation Bureau immediately apprehended him and the left hand, in which the petitioner was holding the bribe money, was put in a solution which turned Patna High Court Cr.Misc. No.13700 of 2012 (8) dt.12-09-2012 3 pink demonstrating the acceptance of the bribe money which had been duly marked by the Vigilance Department. A post- trap memorandum was prepared and an FIR was instituted giving rise to Vigilance P.S. Case No.55 of 2007 registered under sections 7, 13 (2) read with sections 13 (1) (d) of the P.C. Act. Following the sanction being accorded by the Chairman, Nagar Parishad, Masaurhi, district- Patna dated 14.06.2007, cognizance of offences punishable under sections 7, 13 (2) read with section 13 (1) (d) of the P.C. Act was taken by the Special Judge, Vigilance-I, Patna in Vigilance Special Case No.29 of 2007 arising from Vigilance P.S. Case No.55 of 2007 on 26.06.2007. The order taking cognizance was challenged by the petitioner through Criminal Miscellaneous No.14703 of 2008 and a Bench of this Court by order dated 03.05.2010 holding that the order of sanction was passed by an authority not competent or authorized to do so under section 38 of the Bihar Municipal Act, 2007, was pleased to hold the order taking cognizance bad in law on grounds of having been passed on the basis of an invalid sanction order. The application filed by the petitioner was allowed and the order taking cognizance dated 26.06.2007 was set aside with a liberty to the prosecution to obtain proper and valid sanction. The matter thereafter was re-considered at the level of the Patna High Court Cr.Misc. No.13700 of 2012 (8) dt.12-09-2012 4 Nagar Parishad, Masaurhi, district- Patna and the Executive Officer, Nagar Parishad, Masaurhi upon consideration of the facts and in the light of the order passed by this Court in the earlier round of litigation, was pleased to accord sanction for prosecution of the petitioner vide Memo No.276 dated 03.08.2010 placed at Annexure-3 of the application. Following the sanction order, the learned Special Judge, Vigilance, Bihar, Patna vide order dated 28.09.2010 passed in Special Case No.29 of 2007 arising from Vigilance P.S. Case No.55 of 2007, was pleased to take cognizance of the offences punishable under sections 7, 13 (2) read with section 13 (1) (d) of the P.C. Act. Mr. Das, learned counsel appearing for the petitioner has raised the following issues, namely: (a) The order of sanction is without application of mind; and (b) the sanction order has been accorded by an authority not vested with such jurisdiction. Learned counsel for the petitioner advancing his arguments on the first issue regarding non-application of mind has referred to the sanction order itself placed at Annexure-3, to submit that a plain reading thereof itself shows that it is a mere recital of events. It is submitted that the Executive Patna High Court Cr.Misc. No.13700 of 2012 (8) dt.12-09-2012 5 Officer even while referring to the earlier order of this Court, has not chosen to apply his mind as to whether there were sufficient materials for grant of sanction and/or for proceeding against the petitioner. It is submitted that the order simply mentions that it

Applicable IPC Section: 161

Statute Text:
Section 161 of the Indian Penal Code. Being or expecting to be a public servant, and taking A gratification other than Legal remuneration in respect of an official act. Repealed by the Prevention of Corruption Act, 1988