Bindhyachal Yadav v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30060 of 2013 Arising Out of PS.Case No. -209 Year- 2013 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Bindhyachal Yadav S/O Late Kedar Yadav Resident Of Village Semarahiya, P.S. Banjaria, District East Champaran, Motihari. .... .... Petitioner/s
Versus
1. The State Of Bihar.
2. Lal Kishore Ram S/O Late Ramotar Ram Senior Accountant Officer, District Village Development Agency, Motihari.
3. The State Of Bihar Through Vigilance .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/ : Mr. Sharda Nand Mishra, Advocate For the State : Ms. Gulnar Begam, APP For Vigilance Department : Mr. Ramakant Sharma, Senior Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-03-2016 Heard Mr. Sharda Nand Mishra, learned Counsel for the petitioner, Ms. Gulnar Begum, learned Additional Public Prosecutor, appearing on behalf of the State and Mr. Ramakant Sharma, learned Senior Counsel, appearing for the Vigilance Department.
Learned Counsel for the petitioner seeks permission to withdraw this application as, according to him, charge sheet has already been submitted by the police upon completion of investigation. He seeks, however, a liberty to raise a plea before the appropriate forum, at appropriate stage to the effect that the Assistant SubInspector of Police, who has submitted the charge sheet,
Patna High Court Cr.Misc. No.30060 of 2013 (3) dt.09-03-2016 2/2 had no jurisdiction to do so, in the light of the provisions as contained in Section 17 of the Prevention of Corruption Act. It goes without saying that the petitioner shall be at liberty to raise any other plea at the time of cognizance, framing of charge or at the stage of trial, as he may be advised, in accordance with law.
This application stands disposed of as withdrawn with the liberty, as aforesaid.
(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √