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Patna High CourtCR. MISC./50541/2014withdrawn

Sanjay Kumar Poddar v. The State Of Bihar Through The Vigilance Investigation Bureau, Patna

2019-04-11Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 50541 of 2014 Arising Out of P.S. Case No.-47 Year-2012 Thana- C.B.I CASE District- Patna ====================================================== Sanjay Kumar Poddar, S/o Late Rajendra Poddar R/o Village - Tetari, P.O. - Tetari, P.S. - Naugachia, District - Bhagalpur, Presently posted as Revenu Karmchari, Dighalbank, District - Kishanganj. ... ... Petitioner/s

Versus

The State of Bihar through the Vigilance Investigation Bureau, Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Awadhesh Kumar, Advocate For the Vigilance :

Mr. Saroj Kumar, AC to Law Officer ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 11-04-2019 Heard learned counsel for the petitioner and learned counsel for the Vigilance Investigation Bureau.

2. The petitioner has moved the Court under Section 482 of the Code of Criminal Procedure, 1973 for the following relief:

"That this is an application on behalf of the petitioner above named for quashing of the order dated 12.05.2014 passed by the Learned Special Judge Vigilance -II, Patna, whereby cognizance for offences punishable under Sections 409 and 120 (B) of the Indian Penal Code and under Sections 13 (2) read with Section 13 (1) (d) of the Prevention of Corruption Act, 1988, has been taken after finding a prima facie case, as against the petitioner and others, in connection with Special Case No. 20/12, arising out of Vigilance P.S. Case No. 47/12 dated 25.6.2012, registered under Sections 7 and 13 (2) read with Section 13 (1) (d) of the Prevention of Corruption Act,

Patna High Court CR. MISC. No.50541 of 2014(5) dt.11-04-2019 2/2 1988 and under Sections 409 and 120 (B) of the Indian Penal Code."

3. After some arguments, learned counsel for the petitioner submitted that he may be permitted to withdraw the application with liberty to raise all points available to him before the Court below itself at the appropriate stage.

4. Learned counsel for the Vigilance Investigation Bureau does not object.

5. In view thereof, as prayed for by learned counsel for the petitioner, the application stands disposed off with liberty aforesaid.

(Ahsanuddin Amanullah, J.) P. Kumar U T