IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1252 of 2019

Arising Out of PS. Case No.-56 Year-1995 Thana- VIGILANCE District- Patna

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Manohar Kumar Verma Son of Late Girish Nandan Prasad Resident of Village

- S.S. Enclave, Flat No.202, Ashiana Digha Road Near Rakhi Complex,

Khajpura, B.V. College, Patna P.S.- Shashtri Nagar, Dist.- Patna.

... ... Petitioner

Versus

1.

The State of Bihar through The Director General, Vigilance Govt. Of Bihar,

Patna

2.

The Officer in Charge, Vigilance Police station, Patna.

... ... Respondents

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Appearance :

For the Petitioner

:

Mr. P.N. Shahi, Senior Advocate

Mr.Ashok Kumar Mishra, Advocate

For the Vigilance

:

Mr.Arvind Kumar, Advocate

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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD

CAV JUDGMENT

Date : 22-12-2022

Heard Mr. P.N. Shahi, learned Senior Counsel assisted

by Mr. Ashok Kumar Mishra, learned Counsel for the petitioner

and Mr. Arvind Kumar, learned Counsel for the Department of

Vigilance Investigation Bureau.

2. This writ application has been filed seeking the

following reliefs:-

“i. A writ in the nature of certiorari or any other

appropriate writ/order or direction for quashing of

the Entire criminal Proceeding pending against the

petitioner in Special Case No. 13/95 arising out of

Vigilance P.S. Case No. 56 /95 under Sections

409/120B IPC and under Sections of 13(2) 13(1)

Prevention of Corruption Act pending in the court

of Special Judge, Vigilance 1^st, Patna.

ii. Any other appropriate writ/order or direction

which your Lordships may deem fit and proper.”

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Brief Facts of the Case:-

3. It is the case of the petitioner that as back as on

04.09.1995, Vigilance P.S. Case No. 56 of 1995 was registered

against him under Sections 409/120B IPC and Section 13(1)/13(2)

of the Prevention of Corruption Act (hereinafter referred to as ‘PC

Act’).

4. As per the prosecution story, the petitioner being

Assistant Electrical Engineer, Barauni lodged one Barauni P.S.

Case No. 204 of 1998 for the alleged theft of Transformer Oil

under Section 379 of the Indian Penal Code (in short ‘IPC’). After

investigation of the said case, a final form was submitted stating

that the case was untrue and it was recommended to initiate

proceeding under Section 182 IPC against the informant. It was

found by the investigating agency that the valve and oil of the

transformer was not stolen and transformers were supplied by the

company with 10% extra oil. The agency took a view that with ill

intention and to get personal benefit, Barauni P.S. Case No. 204 of

1988 was lodged after much delay.

5. After lodging of the FIR on 05.09.1995, a charge-

sheet was filed against the petitioner on 05.08.1999. The learned

court took cognizance of the offence on 16.08.1999. In the charge-

sheet, altogether 21 persons have been named as witnesses. The

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petitioner surrendered in the learned court below in connection

with this case and was granted bail by this Court on 23.07.1997. It

is the specific statement of the petitioner in paragraph ‘10’ of the

writ application that since 17.06.1997, the petitioner is regularly

appearing in the trial court.

6. Learned Senior Counsel for the petitioner has

submitted before this Court that in this case, charges were framed

as back as on 21.08.2002 but the trial has yet not been concluded.

The last witness examined in the trial was on 28.07.2017. The

villagers Shri Sachidanand Rai and Vidyanand Rai who were made

witnesses in the case to support the prosecution case have turned

hostile.

7. Learned Senior Counsel further submits that on

28.01.2009, a petition was filed in the learned trial court on behalf

of the petitioner to close the prosecut