IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.50248 of 2008 Sidharth Gautam Versus The State Of Bihar Thru. Vig. ---------------------------------- 3 8-12-2011 This is an application for quashing the order dated 2.7.2008 passed by Special Judge, Vigilance, Patna in Special Case No. 33/06 arising out of Vigilance P.S. Case No. 64/2006, by which it has taken cognizance against the petitioner under section 7, 13(2) read with section 13(1) (d) of Prevention of Corruption Act and also under sections 201, 120B, 467 and 471 of the Indian Penal Code. Heard counsel for the parties. Order for cognizance against the petitioner under different sections of Prevention of Corruption Act is challenged on the ground that there is no material at all in the case as every allegation was against co- accused Sri Sant Lal Choudhary, Assistant Labour Commissioner, Bettiah. He was caught red-handed with tainted Notes. Petitioner is Lower Division Clerk in the office of the above Sri Sant Lal Choudhary, Assistant Labour Commissioner, certainly he did not receive the amount nor had any talk with him for giving the 2 amount but it appears that defence was being created by co-accused Sant Lal Choudhary that no case was pending rather was already decided and its copy was sent to the aggrieved Ranjeet Kumar. Petitioner is alleged for having conspiracy in the deal. He was the person to send the order/judgment to affected person. Material was ready to him on 28.9.2006 for sending to concerned persons that has been shown sent on 12.10.2006 also but through registered post. The single letter concerning present case has been shown sent by ordinary post and find place at the bottom, rightly Vigilance has come to the conclusion that antedating was there followed by not adopting the then existing norms. Basing the material discussed above, once cognizance is taken against the petitioner that suffers with no infirmity. Thus, having regard to the facts and circumstances of the case as well as submission of the parties, this application is accordingly, dismissed. AI ( Mandhata Singh, J.)