Gagandeo Ram v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40294 of 2015 Arising Out of PS. Case No.-68 Year-2014 Thana- SITAMARHI District- Sitamarhi ====================================================== Gagandeo Ram Son of Late Dorik Ram resident of village and P.O. Ranjitpur, P.S. and District - Sitamarhi, Posted as Assistant Teacher Middle School, Fatehpur, Sitamarhi ... ... Petitioner/s

Versus

1.

State Of Bihar 2.

The Vigilance Bureau, 6 Circular Road, Patna through its officer - In - Charge ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

None.

For the Opposite Party/s :

Mr.Ajit Kumar, APP For the Vigilance :

Mrs. Archana Palkar Khopde, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-03-2023 No one appears on call on behalf of the petitioner. Mrs. Archana Palkar Khopde, learned counsel for the Vigilance is present.

The present petition has been preferred for quashing of the entire prosecution against the petitioner of Special Case No. 13/2014 arising out of Sitamarhi P.S. Case No. 68/2014 under section 420 of the Indian Penal Code and under sections 7, 8, 9, 11, 12 of the Prevention of Corruption Act pending before the Special Judge, Vigilance, North Bihar, Muzaffarpur. Although, the petitioner has not appeared, learned counsel for the Vigilance, Mrs. Khopde has taken this Court to para-8 to show that the complicity of the petitioner in this trap

Patna High Court CR. MISC. No.40294 of 2015(3) dt.13-03-2023 2/2 case cannot be ignored/overlooked and as such, the petition is fit to be dismissed.

Be that as it may, since the petitioner has chosen not to contest the matter, the petition is dismissed for nonprosecution with liberty to the petitioner to raise all the points at an appropriate stage before the trial Court. (Rajiv Roy, J) Ravi/- U T