Madan Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22031 of 2022 Arising Out of PS. Case No.-208 Year-2018 Thana- BIBHUTIPUR District- Samastipur ====================================================== 1.

MADAN KUMAR RAM S/o Sonelal Ram Resident of Village- Dihuli, P.S.- Angraghat, District- Samastipur.

2.

Mamta Kumari W/o Naval Das Resident of Village- Sri Rampur Ayodhya, P.S.- Waini, District- Samastipur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Inspector of Police, namely, Gyan Prakash Srivastava Vigilance Investigation Bureau, Patna Zone Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Ajay Mishra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-08-2023

1. Heard learned counsel for the petitioners, learned A.P.P. for the State and Mr. Rana Vikram learned counsel appearing for the Vigilance.

2. Learned counsel for the petitioners, after arguing vehemently for some times, seeks permission to withdraw this quashing application.

3. Permission is accorded with liberty to raise all the issues at the time of framing of charge.

4. Accordingly, this quashing application is dismissed as withdrawn.

5. The Court expects that when an application is filed at the time of discharge on behalf of the petitioner, the learned

Patna High Court CR. MISC. No.22031 of 2022(2) dt.30-08-2023 2/2 court below shall apply his judicial mind as it has been submitted by the learned counsel for the petitioners that the educational certificate which has been found forged and fabricated based on which FIR has been instituted was challenged before the Appellate Tribunal and the Appellate Tribunal was pleased to set aside the order by which the petitioners were restrained from discharging their duties. It is further submitted that since the order of restrain has been set aside as such the petitioners are working and receiving their salary.

(Satyavrat Verma, J) Kundan/- U T