Sachindra Nath Jha v. The State Of Bihar Through Vigilance Commissioner Cabinet Vigilance Bihar, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39913 of 2015 Arising Out of PS. Case No.-306 Year-2008 Thana- SAHARSA SADAR District- Saharsa ====================================================== Sachindra Nath Jha Son of late Jagdish Narayan Jha Resident of village Thengaha, P.S.- Sakatpur, District- Darbhanga. ... ... Petitioner/s
Versus
The State Of Bihar Through Vigilance Commissioner cabinet Vigilance Bihar, Patna.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Durga Nand Jha For the Vigilance :
Mr. Anil Singh, Advocate For the State :
Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 15-04-2025 Heard learned counsel for the parties.
2. The present application has been filed for quashing the order dated 14.05.2015 passed in Special Case No. 18/2008 by the Special Judge, Vigilance-II, Patna whereby and where under the petition of petitioner filed under Section 239 Cr.P.C. for discharge, has been rejected and the case is posted for framing of charge.
3. The following order was passed on 28.03.2023. "Heard learned counsel for the petitioner and learned APP for the State.
Mr. Durga Nand Jha, learned counsel for the petitioner very vehemently submits that the stage has not changed after framing of charge as no witness has appeared on behalf of Vigilance.
As prayed, put up this case on
Patna High Court CR. MISC. No.39913 of 2015(10) dt.15-04-2025 2/2 25.07.2023 to enable Ms. Archana Palkar Khopre, learned counsel for the State to file counter affidavit."
4. It has been submitted by learned counsel for the Vigilance that two witnesses were examined in the year 2016 and a false statement was given by learned counsel for the petitioner. Since the charges have been framed much before the order dated 28.08.2015 and two witnesses were examined, I am not inclined to interfere in this case. This application is dismissed.
(Sandeep Kumar, J) Ranjeet/- U T