Shailendra Mishra v. The State Of Bihar Through The Vigilance Govt. Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47724 of 2013 ====================================================== Surendra Nath Jha S/O Late Dineshwar Jha, resident of Village- Patuaha, P.S.- Saharsa, District- Saharsa.
.... .... Petitioner
Versus
The State of Bihar through the Vigilance, Govt. of Bihar, Patna. .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.47519 of 2013 Arising Out of PS.Case No. -null Year- null Thana -null District- PATNA ====================================================== Shailendra Mishra Son Of Sit Ram Mishra, resident of Village - Naya Bazar, P.S.- Saharsa Town, District - Saharsa (The then Principal R.M. College, Saharsa,) at present working as Professor, Department of Physics, M.L.T. College, Saharsa, District - Saharsa .... .... Petitioner
Versus
The State of Bihar through the Vigilance Govt. of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.43890 of 2013 Arising Out of PS.Case No. -37 Year- 1995 Thana -C.B.I CASE District- PATNA ======================================================
1. Dinesh Jha S/O Late Ganesh Jha, resident of Mohalla - Gangjala, P.S. Saharsa Town, District - Saharsa
2. Narendra Kumar Jha @ Ashu Jha S/O Late Satishwar Jha, resident of Mohalla - Patuaha, P.S. Saharsa Town, District - Saharsa
3. Jageshwar Hazra S/O Sonmain Hazara, resident of Village - Bathnaha (Agma ), P.S. Basnahi (Sonbarsha ), District - Saharsa .... .... Petitioners
Versus
The State of Bihar through the Vigilance, Government of Bihar, Patna .... .... Opposite Parties.
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Patna High Court Cr.Misc. No.47724 of 2013 (5) dt.08-08-2017 2/3 Appearance :
(In Cr.Misc. No.47724 of 2013) For the Petitioner/s : Mr. Subodh Kumar Jha, Advocate Mr. Bidhan Chandra Jha For the Opposite Party/s : Mr. Ramakant Sharma(L.O.(I/C Vigi.) Mr. Rakesh Kumar Sharma, Advocate (In Cr.Misc. No.47519 of 2013) For the Petitioner/s : Mr. Subodh Kumar Jha, Advocate Mr. Bidhan Chandra Jha, Advocate For the Opposite Party/s : Mr. Ramakant Sharma(L.O.(I/C Vigi.) Mr. Rakesh Kumar Sharma, Advocate (In Cr.Misc. No.43890 of 2013) For the Petitioner/s : Mr. Subodh Kumar Jha, Advocate Mr. Bidhan Chandra Jha, Advocate For the Opposite Party/s : Mr. Ramakant Sharma (L.O.(I/C Vig.) Mr. Rakesh Kumar Sharma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 08-08-2017 Heard Mr. Subodh Kumar Jha, learned Advocate for the petitioners and Mr. Rakesh Kumar Sharma, learned AC for Vigilance.
In these applications, the respective petitioners have challenged the order dated 31.07.2007 passed by the learned Special Judge, Vigilance-II, Patna in Special Case No. 8 of 1995/77 of 2002 in connection with Vigilance Case No. 37/95 dated 17.06.1995 by which cognizance has been taken for the offences punishable under Sections 467, 468, 471, 477-A, 420, 201, 120-B and 109 of the Indian Penal Code, Section 5(2) read with 5(1)(d) of Prevention of Corruption Act, corresponding to Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988.
Patna High Court Cr.Misc. No.47724 of 2013 (5) dt.08-08-2017 3/3 After some arguments, Mr. Subodh Kumar Jha, learned counsel for the petitioners has submitted that he may be permitted to withdraw these applications with liberty to agitate the points available to the petitioners at the stage of framing of charge.
Leave is granted.
The applications are disposed of.
The interim order of stay granted vide order dated 11.12.2013 passed in Cr.Misc. No. 47724 of 2013, interim order of stay granted vide order dated 18.12.2013 passed in Cr. Misc. No. 47519 of 2013 and the interim order dated 09.10.2013 passed in Cr.Misc. No. 43890 of 2013 stand vacated.
The Registry is directed to transmit a copy of the order to the learned Special Judge, Vigilance-II forthwith through fax.
(Ashwani Kumar Singh, J.) Kanchan/- U T