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Patna High CourtCR. MISC./29705/2017dismissed

Sanjay Kumar v. The State Of Bihar Through The Cabinet Vigilance, Bihar, Patna

2023-11-22Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29705 of 2017 Arising Out of PS. Case No.-77 Year-2009 Thana- VIGILANCE District- Patna ====================================================== Sanjay Kumar, son of late Baijnath Prasad Yadav, resident of Nala Road, New Area Kadamkuan, P.S. Kadamkuan, District Patna ... ... Petitioner/s

Versus

The State Of Bihar Through The Cabinet Vigilance, Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Singh, Adv For the Opposite Party/s :

Mr. Arvind Kumar, Spl.PP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-11-2023 1.

Heard learned counsel for the petitioner and learned Spl. PP for Vigilance, Mr. Arvind Kumar. 2.

The learned Spl. PP for the Vigilance submits that counter-affidavit has been filled and from perusal of the same, it would manifest that charges have been framed in the year 2017 which signifies commencement of trial. It is next submitted that since trial has commenced, as such the court at this stage should not interfere with the trial.

3.

The learned counsel for the petitioner rebuts the submission of the learned Spl. PP for the Vigilance and submits that no doubt, charges were framed in the year 2017, but then for nearly 6 years not a single witness was produced by the Vigilance, which caused immense mental trauma to the petitioner. It is further submitted that even from perusal of the

Patna High Court CR. MISC. No.29705 of 2017(4) dt.22-11-2023 2/2 allegation and the investigation, it would manifest that petitioner has been falsely implicated in the present case based on suspicion.

4.

Considering the submission made by the learned Spl. PP for the Vigilance, the Court is not inclined to entertain the quashing application, however, the learned trial court is directed to ensure that the trial is expedited and completed within a period of 9 months from the date of receipt/production of a copy of this order, further the Vigilance would ensure that the witnesses are produced as and when required by the learned trial court.

(Satyavrat Verma, J) SUMIT/- U T