Full Judgment
11. 01-2012 Heard Sri Akhileshwar Prasad Singh, learned Senior Counsel appearing on behalf of the petitioner and Sri Ramkant Sharma, learned Senior Counsel for Vigilance Department. The petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 12.08.2011 passed by learned Special Judge, Vigilance ( Trap), Patna in Special Case no.76 of 2007 arising out of Vigilance P.S. Case No.114 of 2007. By the said order, the learned court below has rejected the petition of accused/petitioner for his discharge. In this case, cognizance order has been passed under Sections 7 and 8 of the Prevention of Corruption Act. Learned counsel for the petitioner submits that though it was a case of trap, no recovery was made from the possession of the petitioner. The recovery was made from the Munshi of the Police Station, where the petitioner was posted as Officer Incharge. It has further been submitted that the petitioner has been made accused on the basis of confessional statement of co-accused, which has got no relevance for prosecuting the petitioner. It has also been argued that 2 on the same allegation, the petitioner was proceeded departmentally and in the Departmental Proceeding he has already been exonerated. It was submitted that the complainant in the departmental proceeding has made specific statement that no demand was made from the complainant by the petitioner. In the present case before allowing trap case, verification was made. During the verification, it was found that the petitioner was instrumental in demanding money. The witnesses have also corroborated the allegation. It has further been corroborated in the statement of co-accused recorded under Section 164 of the Code of Criminal Procedure. After perusing the impugned order, I am of the view that the learned Special Judge has committed no error. Accordingly, the petition stands dismissed. ( Rakesh Kumar, J.) NKS/-