IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.320 of 2011 DR. PARAS NATH PRASAD SON OF SHRI CHHATHHU LAL PRASAD, RESIDENT OF P.S., P.O. MIRGANJ, DISTRICT- GOPALGANJ, AT PRESENT RESIDING IN A/402, HARIOM APARTMENT, EXHIBITION ROAD, PATNA Versus 1. UNION OF INDIA THROUGH THE SECRETARY, MINISTRY OF HOME AFFAIRS, NORTH BLOCK, NEW DELHI 2. STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR, MAIN SECRETARIAT, PATNA 3. DIRECTOR, CENTRAL BUREAU OF INVESTIGATION, C.G.O. COMPLEX, LODHI ROAD, NEW DELHI 4. PRINCIPAL SECRETARY, VIGILANCE DEPARTMENT, SOOCHNA BHAWAN, PATNA 5. ADDITIONAL DIRECTOR GENERAL OF POLICE, VIGILANCE INVESTIGATION BUREAU, 6 KAUTILYA MARG, PATNA ----------- FOR THE PETITIONER : MR. R. GRIGAY, ADVOCATE FOR THE STATE : MR. P.N. SHARMA, AC TO A.G FOR THE VIGILANCE : MR. RAMAKANT SHARMA SR. ADVOCATE MR. RAVI SHARKAR, ADVOCATE FOR UNION OF INDIA : MR. SANTOSH KUMAR SINGH, (C.G.C.) *********** 3 20.05.2011 Heard learned counsels for the petitioner and the State. Petitioner challenges the order dated 22nd February, 2011 (Annexure-2) passed by the Court of Special Judge, Vigilance, Patna in Complaint Case No. 10 (Special) of 2011, whereby the copy of the complaint was sent to the vigilance police station for enquiry and report. It is submitted on behalf of the petitioner that the complaint of the petitioner on its filing the Court below itself ought to have made the enquiry in terms of the provisions contained in section 202 of the Code of Criminal Procedure for the reason that the opposite parties of the said complaint were the public servants holding high position. It is further submitted that the petitioner has also filed an interlocutory application vide 2 I.A. No. 853 of 2011 with a prayer to take this matter for out of turn hearing on the ground that vital evidence in the form of Called Detailed Records (C.D.R.) may got lost otherwise. Besides the above, it is submitted that the case ought to have been investigated by the Central Bureau of Investigation ( C.B.I.) and in support of the same petitioner has relied on a decision of this Court reported in 2010 (3) P.L.J.R., 656 ( Paragraph 17). Mr. Ramakant Sharma, learned Senior Counsel appearing for the Vigilance submits that this writ application has been filed without any substance and as such it is frivolous one. It is further submitted that the impugned order does not suffer from any error in law, and as such, the prayer of the petitioner for setting/ quashing the order dated 22nd February, 2011 (Annexure-2) deserves to be dismissed. Mr. Sharma, while opposing the prayer of the writ petitioner has relied on a decision of the Apex Court as reported in (2006) 3 SCC, 736 for the proposition that in cases where a case involving serious offence is filed against a person and who in order to jeopardize the investigation of the said case files complaints/first information reports primarily to get undue advantage which deserves to be dealt with severely and this should not be encouraged. Not only that, such applications should be dismissed with cost to 3 discourage such type of cases. Considering the rival submissions of the parties and the averments made in the writ application as also the impugned order dated 22nd February, 2011, this court finds that it calls for no interference in the matter since the Court below purported to be in exercise of power in terms of the provisions of section 202 of the Code of Criminal Procedure has sent the complaint to the vigilance police station and awaiting the report. In my view, such recourse to the procedure is permissible in law. The prayer of the petitioner for directing the C.B.I. to investigate the complaint in question is equally devoid of merit in the facts and circumstances of the case. The decision referred by the petitioner in support of his submissions is equally misplaced. The said decision was while considering the public interest in public interest litigation and not on a private litigation. In view of the above, I do not find any merit in the writ application the same is accordingly dismissed. Manish/- ( Shailesh Kumar Sinha,J.)