PATNA, India, June 18 -- Patna High Court issued the following judgment on June 17:

Heard Mr. Rajesh Kumar Singh, learned senior counsel appearing on behalf of the petitioner and Mr. Rana Vikram Singh, learned Law Officer appearing on behalf of the Department of Vigilance.

2. This application has been preferred under section 482 of the Code of Criminal Procedure (in short, the "Cr.P.C.") for quashing the order dated 31.05.2024 as passed by the court of Special Judge, Vigilance, Patna in Special Case No. 2 of 2025, arising out of S.V.U. P.S. Case No. 1 of 2024, whereby and whereunder learned trial court has been pleased to take cognizance against the petitioner for the offence under Section 7 of the Prevention of Corruption Act (hereinafter referred to as the 'P.C. Act') and also to quash the order dated 12.12.2024 (through I.A. No. 01 of 2025), through which learned Vigilance Court framed charge under section 7 of the P.C. Act against the petitioner.

3. The brief facts of the prosecution as per First Information Report (in short, the 'F.I.R.') state that the informant namely, Santosh Kumar (opposite party no. 2) made his application dated 08.02.2024 to the Superintendent of Police, Special Vigilance Unit, Bihar, Patna, alleging therein that he is posted as Headmaster of N.P.S. Parsonikpur (Dusadh Toli) and the Block Education Officer, Patahi (petitioner), had been demanding a bribe of Rs. 10,000/- (ten thousand) from him for allotment of funds relating to SSA Grant and Mid-day Meal. The petitioner was allegedly threatening the informant regarding the initiation of departmental proceedings if the informant failed to meet the said demand.

4. The aforesaid application was duly endorsed to the Sub-Inspector of Police for the purpose of causing an inquiry into the veracity of the allegations set forth therein. The SubInspector of Police made his report dated 08.02.2024 to the Superintendent of Police to the effect that the allegations against the petitioner were correct. Accordingly, S.V.U. P.S. Case No. 01 of 2024 dated 12.02.2024 was registered against the petitioner for the offence under Section 7 of the P.C. Act.

5. It is a trap case where the petitioner was caught red-handed with cash of Rs. 10,000/- by the raiding team of the Special Vigilance Unit (in short the 'S.V.U.'), Patna, while he was receiving an alleged bribe amount from the informant.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/NiM4NTM2OCMyMDI0IzEjTg==-g--am1--5WsdX0S04=

Disclaimer: Curated by HT Syndication.