Narendra Jha v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61741 of 2017 Arising Out of PS. Case No.-98 Year-2008 Thana- VIGILANCE District- Patna ====================================================== Narendra Jha, son of Late Ganesh Jha, resident of Village and P.O.- Sonepur, P.S.- Katra, District- Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Vigilance Investigation Beuro, Muzaffarpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Aditya Narayan Singh-1 For the Opposite Party/s :

Mr. Pranav Kumar Mr. Ramakant Sharma (L.O.,Inc.Vigilance) Mr. Anil Singh- Spl. P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-12-2023

1. Heard learned counsel for the petitioner, learned Special P. P. for the Vigilance and learned APP for the State.

2. The learned counsel for the petitioner submits that the present quashing application has been filed seeking quashing of the order dated 16.05.2017, whereby charges have been framed against the petitioner under Section 467 of the I.P.C. read with Section 34 I.P.C., Section 468 I.P.C. read with Section 34 I.P.C., Section 409 I.P.C. read with Section 34 I.P.C., Section 420 I.P.C. read with Section 34 I.P.C. and 120(B) of the I.P.C. and Sections 13(2) read with 13(1)d of the Prevention of Corruption Act.

Patna High Court CR. MISC. No.61741 of 2017(2) dt.19-12-2023 2/3

3. The learned counsel for the petitioner has raised several issues to contend that in the nature of allegation and the investigation which has been carried out by the Vigilance, prima facie, no offence is made out against the petitioner, as such prima facie, no material was available for framing the charge. The learned counsel for the petitioner next submits that charges have been framed in the Year 2017, but till date, not a single witness has appeared.

4. The learned Special P. P. for the Vigilance submits that non-bailable warrant of arrest has been issued against the witnesses for their appearance and the next date fixed is 16.01.2024.

5. The learned counsel for the petitioner, at this stage, seeks permission to withdraw the present quashing application with liberty to raise all issues at the time of trial.

6. Permission is accorded.

7. Accordingly, the quashing application is dismissed as withdrawn with the liberty aforesaid.

8. The Court expects that the trial shall be concluded expeditiously and preferably within a period of

Patna High Court CR. MISC. No.61741 of 2017(2) dt.19-12-2023 3/3 eighteen (18) months from the date of receipt/production of a copy of this order.

(Satyavrat Verma, J) vikash/- U T