Indrajit Kumar Singh v. The State Of Bihar Through The Vigilance

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5519 of 2013 Arising Out of PS.Case No. -1 Year- 2008 Thana -C.B.I CASE District- - ====================================================== Sanjeet Kumar Singh Son Of Shri Haridwar Prasad Singh Resident of Village Kuari Bujurg, P.O. & P.S. Hazipur, District Vaishali At Present N32 Professor Colony, Kankarbagh, Patna. .... .... Petitioner/s

Versus

State of Bihar through the Vigilance.

.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.9060 of 2013 Arising Out of PS.Case No. -1 Year- 2008 Thana -C.B.I CASE District- - ====================================================== Indrajit Kumar Singh S/O Shri Haridwar Prasad Singh, Resident of Kuari Bujurg, P.O.- and P.S.- Hazipur, Distt.- Vaishali at Present N-32 Professor Colony, Kankarbagh, Patna .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.5519 of 2013) For the Petitioner/s : Mr. Chittaranjan Sinha, Sr. Adv. Mr. Hemant Kumar For the Opposite Party/s : Mr. Ramakant Sharma, Sr. Adv. Mr. Rabindra Kumar, AC to Vigilance L/O (In Cr.Misc. No.9060 of 2013) For the Petitioner/s : Mr. Chittaranjan Sinha, Sr. Adv. Mr. Hemant Kumar For the Opposite Party/s : Mr. Ramakant Sharma, Sr. Adv. Mr. Rabindra Kumar, AC to Vigilance L/O ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 25-06-2015 In both the petitions the order under challenge is common and the same. Therefore, they have been heard together. In these applications the petitioners have prayed for quashing the order dated 10.02.2011 passed in Spl Case No. 6 of 2008, arising out of Special Vigilance Unit P.S. Case No. 1 of 2008 by the learned Special Judge Vigilance, 1st Patna, whereby cognizance has been taken for offences under Sections 13(2) read

Patna High Court Cr.Misc. No.5519 of 2013 (4) dt.25-06-2015 2/2 with Section 13(1)(e) of The Prevention of Corruption Act, 1988 as also under Section 120B and 109 of the Indian Penal Code against the accused persons including the petitioners of these two cases.

Learned Senior counsel appearing on behalf of the petitioners of both the cases and Mr. Ramakant Sharma, learned Senior counsel appearing for the Vigilance have argued the matter at length in support of the cases of their respective clients as also with respect to validity or otherwise of the impugned order taking cognizance. However, finally Mr. Chittaranjan Sinha, learned senior counsel appearing on behalf of the petitioners of both cases, seeks permission to withdraw the present applications with a liberty to raise all the issues, which have been raised in these applications at an appropriate stage before the learned trial court. Permission is accorded.

Both the applications stand disposed of as withdrawn with the liberty aforesaid.

If any petition is filed on behalf of the petitioners at an appropriate stage, then the same shall be considered and decided in accordance with law, but by giving reasons for coming to such conclusion.

(Birendra Prasad Verma, J) BTiwary/- U