IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.14549 of 2008 MITHILESH KUMAR SINGH, son of Late Ram Prit Singh, resident of Mohalla- Indrapuri, P.S. Patliputra, District- Patna …Petitioner Versus 1. THE STATE OF BIHAR & 2. B. P. Acharya, son of Late Janardan Acharya, Deputy Superintendent of Police, Vigilance Investigation Bureau, Bhagalpur Range Camp, Patna ……Opposite Parties For the petitioner : Mr. Naresh Chandra Verma, with Mr. Birendra Prasad, Advocates For the O P. No.2 : Mr. Arvind Kumar, Special P.P. ----------- 5/ 29.03.2011 Heard the parties. The petitioner seeks quashing of the order dated 04.12.2007 passed by the Special Judge, Vigilance, 1, Patna, in Special Case No.11 of 1998 arising out of Vigilance P.S. Case No. 9 of 1998, by which cognizance has been taken under sections 420, 467, 469, 471, 477-A, 409, 109, 120-B Indian Penal Code. It has been submitted that the present case was instituted on 29.06.2008 alleging therein that in the year 1976-77 accused persons in conspiracy with each other charged higher price of Diesel Pump Set from twenty farmers and thereby caused loss of Rs.9,600/- The petitioner is a Technical Officer in the Land Development Bank but claimed that he was not posted in that particular branch during the time of occurrence. It has been submitted that when the prosecution had sought sanction for prosecution of the petitioner, the same was refused on the ground that since the petitioner was not posted and he, in fact, has been made accused in absence of original file. This 2 fact has not been controverted by the counsel for the Vigilance, who submits that there is general allegation of conspiracy against the petitioner. On specific query by this court as to whether apart from the bald allegation that the accused had conspired among themselves whether there was any substance in such allegation, no satisfactory material could be brought before this court in support of the same. Considering the same, this application is allowed and the order dated 04.12.2007 passed by the Special Judge, Vigilance, 1, Patna, in Special Case No.11 of 1998 arising out of Vigilance P.S. Case No. 9 of 1998 is hereby quashed in so far as it relates to the petitioner only. Application stands allowed. JA/- (Anjana Prakash,J.)