IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1666 of 2008 HARENDRA KUMAR SINHA Versus STATE OF BIHAR THRU.VIGILANCE ----------- 11 20.07.2010 Petitioner is aggrieved by order dated 30-11-2007, passed in Special case no. 11 of 2000. By the said order learned Special Judge Vigilance I, Patna has taken cognizance of offence(s) punishable under diverse Sections of the Penal Code and Prevention of Corruption Act,1988. In relation to illegal appointment made for personal gain, during the period 1975-96, an F.I.R. was lodged which ignited investigation. In course of investigation it has come that the petitioner officiating as Executive Engineer, Nawada Division, Public Health Engineering Department was grossly involved in appointing several personnels in Grade-III and IV categories. Learned Magistrate on the basis of the police report filed under Section 173(2) has taken cognizance after having found that a prima facie case has been made out. Learned counsel for the petitioner, while assailing the order impugned submits that several years after his retirement the F.I.R. was lodged. It is next submitted that some of the persons who are said to have been illegally appointed by the petitioner in gross violation of the Government circular are still continuing in service. Referring to the statement made in counter affidavit learned A.P.P., appearing on behalf of the Vigilance, submits that there is/are materials on record implicating the petitioner. He refers to the 2 statements made in paragraph nos. 3, 4, 7, and 8. Heard both sides. At the stage of taking cognizance, learned Magistrate has only to satisfy himself about the presence of a prima facie case. At this stage the defence and or other aspect of the matter cannot be looked into. Considering the jurisdiction invoked by learned Court below, this Court is satisfied that no illegality as such has been committed by passing the impugned order. There is no merit in the application. It is, accordingly, dismissed. Sym ( Kishore K. Mandal, J.)