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Patna High CourtCR. MISC./30884/2014dismissed

Rama Kant Sharma And ANR v. State Of Bihar And ANR

2017-11-08Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 30884 of 2014 Arising Out of PS.Case No. -49 Year- 2010 Thana -C.B.I CASE District- PATNA ===========================================================

1. Rama Kant Sharma Son of Late Siya Sharan Sharma Resident of villageRaghunathpur, P.S.- Paliganj, District- Patna.

2. Kaushal Kishor Singh Son of Late Munni Lal Singh at Charma, Police StationMasaurhi, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Senior Deputy Superintendent of Police, Vigilance Investigation Bureau, Circular Road, Patna .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr Yogesh Chandra Verma, Sr Advocate with Ms Priyanka Singh, Advocate For the V i g i l a n c e : Mr Ramakant Sharma, Sr Advocate with Mr Amresh Kumar, Advocate =========================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date: 08-11-2017 Counsel for the petitioners and the Vigilance are present. 2 It is submitted by the counsel for the petitioners that the main allegations are against the Chairman of the Bank. I have gone through the first information report and at this stage, only the allegations have to be looked into. From perusal of the FIR, it appears that petitioner No 1 was Manager (Works) in the Bank and petitioner No 2 was the Accounts Officer in the Bank. They have specifically been named in the FIR and some role has been attributed to them in the allegation which is sufficient for the present that is for taking of

Patna High Court Cr.Misc. No.30884 of 2014 dt.08-11-2017 2/2 cognizance against the accused persons (petitioners). 3 Counsel for the petitioners further submits that specific allegations are not found against the petitioners in the enquiry report. These issues have to be examined by the Court below at the appropriate stage in accordance with law.

4 In view of the aforesaid, the instant quashing application is dismissed.

5 Needless to say, if the aforesaid submissions are made before the Court below at the appropriate stage, the learned Court below will consider the same in accordance with law without being prejudiced by this order.

(Madhuresh Prasad, J) M.E.H./- AFR/NAFR NAFR CAV DATE NA Uploading Date 10.11.2017 Transmission Date 10.11.2017