Bidyanand Yadav @ Vidyanand Yadav v. The State Of Bihar Through Vigilance, Bihar, Patna And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13090 of 2018 Arising Out of PS. Case No.-451 Year-2017 Thana- GANDHIMAIDAN District- Patna ====================================================== Bidyanand Yadav @ Vidyanand Yadav S/o Late Jagat Yadav, Resident of Village- Madura, P.S.- Saur Bazar, District- Saharsa. ... ... Petitioner/s
Versus
1.
The State Of Bihar Through Vigilance, Bihar, Patna and Anr 2.
Sudhir Kumar, S/o Sri Indradeo Prasad, resident of Village- Chakdaulat, P.S.- Bakhtiyarpur, District- Patna.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Prasad Singh, Advocate For the Opposite Party/s :
Mr.Anil Singh,Inc.Vigi.
For the State :
Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-01-2023 Heard Mr. Krishna Prasad Singh, learned Senior Counsel for the petitioner and Mr. Anil Singh, learned counsel for the Vigilance and the State.
The petitioner has moved before this Court under Section 482 of the Code of Criminal Procedure for quashing of the FIR bearing Spl. Case No. 234(A)/2017 arising out of Gandhi Maidan P.S. Case No. 451 of 2017.
At the outset, Mr. Anil Singh, learned counsel for the Vigilance produced an order of the Co-ordinate Bench of this Court dated 18.08.2018 in Cr. Misc. No. 13874 of 2018 to show that in similar situate matter, the petitioner sought liberty to raise all the points at the stage of framing of charge and
Patna High Court CR. MISC. No.13090 of 2018(2) dt.19-01-2023 2/2 accordingly, the application was disposed of as withdrawn. Learned Senior Counsel fairly submits that this case may also disposed of in the light of the aforesaid order dated 18.08.2018.
Taking into account the rival submissions, the present petition is disposed of granting liberty to the petitioner to raise all the points at the stage of the framing of charge. Accordingly, the application stands disposed of. (Rajiv Roy, J) Jagdish/Neha/- U T