The court emphasized that the investigation contemplated in Chapter XII and Chapter XV of CrPC operates at distinct stages, and a Magistrate cannot switch back to the pre-cognizance stage for investigation after proceeding at the post-cognizance stage.

ASHWANI KUMAR SINGH, J.

By way of the present application under Articles 226 and 227 of the Constitution of India, the petitioners seek quashing of the order dated 06.05.2014 passed by the learned Special Judge Vigilance, North Bihar, Muzaffarpur in Complaint Case No.29 of 2011 by which a direction has been issued to the Officer-in-Charge of Sahebganj Police Station to register First Information Report (for short ‘FIR’) against the petitioners and others and investigate the same. The further prayer of the petitioners is to quash the FIR of Sahebganj P.S.Case No. 259 of 2014 dated 03.09.2014 arising out of Complaint Case No.29 of 2011.

2. I have heard Mr. S.B.K. Mangalam, learned Counsel for the petitioners and Mr. Ramakant Sharma, learned Senior Counsel for the Vigilance and carefully perused the record.

3. It has been contended by the learned counsel for the petitioners that the present complaint at the instance of private individual could not have been acted upon against the petitioners, who are public servants, in absence of valid sanction for prosecuting them. He has further submitted that the learned Special Judge Vigilance should not have invoked the power conferred under Section 156(3) of the Code of Criminal Procedure (for short ‘CrPC’) after taking cognizance of the offence under Section 190(1)(a) of the CrPC. According to him, after taking cognizance of the offence under the procedure prescribed in Chapter XV CrPC, the learned Special Judge could not have switched back to the pre-cognizance stage and directed the police for institution of the FIR.

4. Per contra, Mr. Ramakant Sharma, learned Senior Counsel for the Vigilance has submitted that though there may be some procedural illegalities in the order passed by the learned Special Judge for institution of the FIR against the petitioners and others, the allegations made in the complaint do attract the ingredients of a cognizable offence and in that view of the matter, institution of the FIR and investigation of the same by the police cannot be faulted with.

5. Having heard the rival arguments made on behalf of the parties and perused the record, I find that Respondent No.5 Navi Hasan had filed a complaint bearing Complaint Case No. 29 of 2011 on 17th June, 2011 in the court of Special Judge Vigilance, North Bihar, Muzaffarpur. After perusing the complaint and the documents submitted therewith, the learned Special Judge Vigilance called for a preliminary enquiry report from the District Magistrate, Muzaffarpur vide order dated 20th June, 2011. Pursuant to the order passed by the learned Special Judge Vigilance, the District Magistrate, Muzaffarpur got an enquiry conducted into the allegations made in the complaint by the Land Reforms Deputy Collector, West Muzaffarpur. The enquiry report was thereafter submitted on 13th December, 2011 in the court of learned Special Judge Vigilance. After receipt of the

preliminary enquiry report, the complaint case was adjourned from one date to another several times between 25th January, 2012 and 23rd May, 2012 for hearing on the preliminary enquiry report. After hearing the complainant and perusing the enquiry report, the learned Special Judge Vigilance once again sent a copy of the complaint to the District Magistrate, Muzaffarpur vide order dated 23rd May, 2012 and directed him to get the same enquired by some other officer of the District. In compliance with the order dated 23rd May, 2012 passed by the learned Special Judge Vigilance, the District Magistrate, Muzaffarpur got an enquiry conducted into the complaint once again by the Deputy Collector, Confidential Section, Muzaffarpur, who submitted his report dated 31st December, 2013 in the court of learned Special Judge Vigilance on 20th January, 2014. After receiving the second enquiry report and perusing the same and after hearing the complainant, the learned Special Judge Vigilance directed the Officer-in-Charge of Sahebganj Police Station to institute an FIR against the