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Patna High CourtCR. MISC./28029/2012dismissed

Smt. Raj Kumari Devi And ANR. v. State Of Bihar And ANR

2015-02-20Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28029 of 2012 ======================================================

1. Smt. Raj Kumari Devi W/O Ramishwari Prasad Resident Of Bakshi Mohalla Gurhatta, P.S.- Khajekalan, District- Patna

2. Ramishwari Prasad S/O Late Ram Lakhan Prasad Resident Of Bakshi Mohalla Gurhatta, P.S.- Khajekalan, District- Patna

3. Sanju Kumar @ Sanjay Kumar S/O Sri Ramishwari Pd Resident Of Bakshi Mohalla Gurhatta, P.S.- Khajekalan, District- Patna .... .... Petitioner/s

Versus

1. The State of Bihar through Vigilance Patna

2. Bihar State Electricity Board, Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Diwakar Dwivedi For the Vigilance : Mr. Ramakant Sharma, Sr. Advocate For the Board : Mr. Anand K. Ojha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-02-2015 Following is the prayer made in the present application under Section 482 of the Code of Criminal Procedure, 1973. "For quashing of the entire proceeding including the first information report of vigilance P.S. Case No. 046 of 2009 dated 30.04.2009 (Spl. Case No. 35 of 2009) for the offence under Sections 109/120(B) of the Indian Penal Code, Section 13(i) D II along with 13(2) of the Prevention of Corruption Act and Sections 135/138 of the Electricity Act, 2003."

Counter affidavits have been filed on behalf of the opposite parties which are there on record.

Learned counsel representing the Bihar State Electricity Board as well as learned Senior Counsel representing the

Patna High Court Cr.Misc. No.28029 of 2012 (3) dt.20-02-2015 P2/2 Vigilance Department have vehemently opposed the prayer made in the present application.

I do not find any reason to interfere with such prayer in view of the well settled position. This application is accordingly dismissed.

(Chakradhari Sharan Singh, J.) Saif/- U