IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33180 of 2009 DIWAKAR PRASAD, son of Late Chhote LalPrasad, village Machhargawan, PS Joggapatti, West Champaran, Bettiah – petitioner. Versus THE STATE OF BIHAR THRU. VIG. ----------- 3 22.1.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This application has been filed for quashing the entire prosecution against the petitioner and the order taking cognizance, dated 12.10.2007 passed by the Special Judge (Vigilance), Muzaffarpur in Special Case No. 89/2002. The occurrence is said to have taken place in 1981. One of the co-accused, namely, Vakil Prasad Singh moved this court for quashing of the order of cognizance and the entire proceeding of Special Case No. 29/1987 pending before the Special Judge, Muzaffarpur for offences under sections 161, 109 and 120B of the Penal Code and section 5(2) of the Prevention of Corruption Act, 1947. The short facts are that a case was instituted by the Superintendent of Police, Crime Investigation Department, Muzaffarpur on the basis of a complaint made by a civil contractor against Vakil Prasad Singh who was an Assistant Engineer in the Bihar State Electricity Board for allegedly demanding Rs. 1000/- as illegal gratification for release of payment for the civil works executed by him. The allegation against this petitioner who was a Junior Engineer is that he had also signed on the bill which was paid to the 2 contractor for the civil works done by him. The petitioner faced a departmental proceeding and was exonerated of the charges. Subsequently Vakil Prasad Singh filed a case for quashing the entire proceedings before this court which was disposed of by order, dated 9.7.2007 vide Cr. Misc. No. 17513/1998. Vakil Prasad Singh thereafter moved the Supreme court and the Supreme court has quashed the entire proceeding on the ground that the petitioner’s fundamental right to life and liberty had been violated in view of the delay in concluding the criminal trial. The judgment delivered by the Supreme court is the case of Vakil Prasad Singh vs. State of Bihar reported in 2009 (1) PLJR (SC) 277. The case of the petitioner stands on a better footing on facts to that of Vakil Prasad Singh. In any event the petitioner’s case is squarely covered by the judgment of the apex court and as such I quash the entire proceeding and the order taking cognizance against the petitioner , dated 12.10.2007 passed in Special Case No. 89/2002, arising out of Qazi Mohammadpur PS Case No. 201/1981. This application is allowed. haque (Sheema Ali Khan, J.)