Patna High CourtCR. MISC./11190/2021allowed

Manoj Kumar Saraf v. The Union Of India

2025-03-21Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11190 of 2021 Arising Out of PS. Case No.-334 Year-2006 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== MANOJ KUMAR SARAF Son of Late Laxmi Prasad Saraf R/O 601-B, ASHIANA PALAZA, BUDH MARG, P.S.- KOTWALI, DISTRICT- PATNA, 800001 ... ... Petitioner/s

Versus

THE UNION OF INDIA India.

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

For the Petitioner/s :

Mr. Suraj Samdarshi Mr. Avinash Shekhar Mr. Vijay Shekhar Tiwari Ms. Ablisha Jha Ms. Simran Kumari.

For the UOI :

Mr. K.N. Sigh (ASG) Mr. Ram Tujabh Singh, CGC For the State :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 21-03-2025 Heard learned counsel for the petitioner, the learned counsel for the State and the learned ASG Dr. K.N. Singh assisted by Shri Ram Tujabh Singh, learned CGC for the UOI.

2. This application has been filed for quashing the order dated 10.03.2006 passed by learned Special Judge, Court of Economic Offence, Patna in Complaint Case No. 334 C of 2006.

3. The short point for consideration is that the cognizance has been taken by the presiding officer of the Special Court of Economic Offence on printed format without any application of mind.

Patna High Court CR. MISC. No.11190 of 2021(5) dt.21-03-2025 2/2

3. Learned counsel for the petitioner has relied upon the judgment of this Court passed in Cr. Misc. No. 34891 of 2013 (Nokia Siemens Network Private Limited Vs. The State of Bihar).

4. Learned counsel for the UOI has tried to defend the impugned order but this Court is not convinced to upheld the impugned order as the same is on a printed format.

5. In view of the above, this application is allowed.

6. Accordingly, the order dated 10.03.2006 passed by learned Special Judge, Court of Economic Offence, Patna in Complaint Case No. 334 C of 2006 is hereby quashed. (Sandeep Kumar, J) Vikas/- U