Bijay Kumar @ Vijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39368 of 2015 Arising Out of PS.Case No. -24 Year- 1997 Thana -GOVERNMENT OFFICIAL COMP. DistrictMUZAFFARPUR ====================================================== Bijay Kumar @ Vijay Kumar, Proprietor Ajay Stell Works, Sitamarhi, Son of Late Bhagwati Charan Prasad @ Bhagwari Charan Verma, Permanent resident of Thana Road, Bhavadepur, P.O.- Bhavadepur, P.S.- Town, District- Sitamarhi, Presently residing at Mohalla Amgola, P.O.- Ramna, P.S. Town, District- Muzaffarpur.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjan Kumar Srivastava, Advocate For the State : Mr. Ram Sewak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-05-2017 Heard learned counsel for the petitioner and the State. The present application has been filed for quashing of the order dated 10.03.2005, passed in Special Case No.42 of 2002 arising out of Vigilance Case No.24/97, by the learned Special Judge, Vigilance (North Bihar), Muzaffarpur, whereby the process has been directed to be issued after cognizance being taken for the offences punishable under sections 420, 4096, 467, 468, 471/120B of the Indian Penal Code and section 5(2) read with section 51(i) now section 13(2), 13(d) of the Prevention of Corruption Act. In view of the fact that the present application has been filed for quashing of order of cognizance after 10 years of passing of the impugned order, this Court is not inclined to

Patna High Court Cr.Misc. No.39368 of 2015 (2) dt.09-05-2017 2/2 interfere.

Accordingly, the application is disposed of with a liberty to the petitioner to raise all the contentions at the appropriate stage of proceeding.

(Dinesh Kumar Singh, J) Ashwini/- U T