Dhanjeet Kumar v. The State Of Bihar Through Superintendent Of Police-Cum-Officer-Incharge, Vigilance Investigation B

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33389 of 2016 Arising Out of PS. Case No.-109 Year-2015 Thana- C.B.I CASE District- Patna ====================================================== Dhanjeet Kumar, Son of Nandlal Ravidas, Resident of Village + P.O. - Eksara, P.S. - Ben, District - Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar through Superintendent of Police-cum-Officer-Incharge, Vigilance Investigation Bureau, Bihar, Patna. 2.

The Superintendent of Police-cum-Officer Incharge, Vigilance Investigation Bureau, Bihar, Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar, Adv.

For the Vigilance Department : Ms. Archana Palkar Khopde, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 19-03-2021 Heard Mr. Sanjay Kumar, learned Advocate for the petitioner and Ms. Archana Palkar Khopde, counsel for the Vigilance Department.

This is an application seeking quashing of the F.I.R. of Vigilance P.S. Case No. 109 of 2015, dated 22.12.2015, registered for the offences under Sections 420, 467, 468, 471, 477(A), 192, 201 and 120B of the Indian

Patna High Court CR. MISC. No.33389 of 2016(8) dt.19-03-2021 2/3 Penal Code and Section 13(1) (d) of the Prevention of Corruption Act, 1988.

During the pendency of this application, chargesheet has already been submitted against the petitioner and others.

In that view of the matter, notwithstanding the fact that some of the similarly situated accused persons have derived benefit out of the amnesty given by this Court vide order dated 22.06.2015 passed in C.W.J.C. No. 15459 of 2014 (Ranjeet Pandit & Ors. Vs. The State of Bihar & Ors.) to opt out of service in the initial stage of investigation, I am not inclined to entertain this application and proceed ahead to quash the charge-sheet.

The prayer made in the application is rejected. However, the petitioner would be at liberty to raise all these grounds at an appropriate stage before the Court below and on that occasion, the Court below shall consider all the points in correct perspective and shall pass order in accordance with law without being prejudiced by the fact that the present petition has not been entertained by this

Patna High Court CR. MISC. No.33389 of 2016(8) dt.19-03-2021 3/3 Court.

The application stands disposed off accordingly. (Ashutosh Kumar, J) Praveen-II/- U T