Ashok Kumar Singh v. The Vigilance Investigation Bureau Through Additional Director General Of Police.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.857 of 2021 Arising Out of PS. Case No.-26 Year-2020 Thana- C.B.I CASE District- Muzaffarpur ====================================================== 1.

Ashok Kumar Singh Son of Madhu Mangal Singh, Resident of VillageChainpur, P.S.- Kanti, District- Muzaffarpur. 2.

Prerna Priyadarshini @ Priyadarshini Wife of Pankaj Kumar, Resident of Village- Chainpur, P.S.- Kanti, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The Vigilance Investigation Bureau through Additional Director General of Police. Bihar 2.

The Additional Director General of Police, Vigilance Investigation Bureau, Bihar, Patna. Bihar, Patna.

3.

The Superintendent of Police-cum-S.H.O. Vigilance Investigation Bureau, Bihar, Patna. Bihar, Patna.

4.

The Deputy Superintendent of Police, Vigilance Investigation Bureau, Muzaffarpur, Zone Muzaffarpur. Muzaffarpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vinay Ranjan, Adv.

For the Vigilance :

Mr. Rana Vikram Singh, Spl. P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-05-2023 Heard learned counsel for the petitioners and learned counsel for the Vigilance.

The present writ application has been filed to quash the order dated 28.01.2021 passed in Special Case No. 22 of 2020 arising out of Vigilance (Patna) P.S. Case No. 26 of 2020 passed by Special Judge Vigilance, Muzaffarpur whereby and whereunder the prayer of defreezing the accounts of petitioner nos. 1 and 2 bearing S.B.I. Account No. 10876070114 and 30546285527 respectively and also seeking a direction for

Patna High Court CR. WJC No.857 of 2021(7) dt.09-05-2023 2/3 release of seized ornaments and cash which has been rejected by the Vigilance Court.

Learned counsel for the petitioners submits that the supplementary counter affidavit has been filed by the Vigilance and it has been submitted that the Vigilance Department has directed to operate the said account freezing the amount which was figured in those accounts on the date of rate i.e. 24.11.2020. Learned counsel for the petitioners submits that he has no objection for the same.

In this view of the matter, the Special Judge, Vigilance Court is directed to pass order a fresh in the light of Annexure-A to the supplementary counter affidavit of the writ petition in which vigilance is ready for operation of the said account freezing the amount in the respective account shown in the said document.

The order dated 28.01.2021 passed in Special Case No. 22 of 2020 arising out of Vigilance (Patna) P.S. Case No. 26 of 2020 is hereby set aside and Special Judge, Vigilance Court, Muzaffarpur is directed to pass order a fresh in the light of the above observations within 30 days from the date of filing of an application in this regard by the petitioners. With this direction, the present Cr. Writ Petition is

Patna High Court CR. WJC No.857 of 2021(7) dt.09-05-2023 3/3 hereby disposed off.

(Dr. Anshuman, J.) ravishankar/- U T