Sri Kant Prasad v. The State Of Bihar Through The
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2802 of 2012 ====================================================== Sri Kant Prasad S/O Late Harihar Prasad, Resident of Mohalla Mugal Kuan, P.O. + P.S. Soh Sarai, District Nalanda.
... ... Petitioner/s
Versus
The State of Bihar through the Additional Director General (A.D.G.) of Police, Vigilance, Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajendra Narayan, Senior Advocate Mr. Manish Sahay, Advocate For the Opposite Party/s :
Mr. Anjani Kumar, LOC Incharge Vigilance Mr. Sanjay Kumar, AC to LOC Incharge ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 03-01-2019 Heard Mr. Rajendra Narayan, learned senior counsel along with Mr. Manish Sahay, learned counsel for the petitioner and learned counsel for the Vigilance.
2. The petitioner has moved the Court under Section 482 of the Code of Criminal Procedure, 1973 for the following relief: "That this application is being filed for quashing the order taking cognizance dated 20/10/2011 with regard to the petitioner only, passed by learned Special Judge Vigilance 1st Patna in special case no. 92 of 2009 in connection with Nigrani P.S. Case No. 116/2009, whereby and where under the said learned Judge has taken cognizance against the petitioner as well as some other persons u/Ss 420/466/467/468/471/120(B) IPC and Sec. 13(1) (C)(D) of Prevention of Corruption Act, 1988 And Sec. 9(B) Bihar Prevention of Specified Corrupt Practices Act-1983 in the light of charge sheet no. 85/2011 dated 20/10/2011."
Patna High Court Cr.Misc. No.2802 of 2012 dt.03-01-2019 2/2
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, both on facts and law, before the Court below itself at the appropriate stage.
4. In view thereof, the application stands disposed off as withdrawn with liberty aforesaid.
5. It goes without saying that if the petitioner moves the Court below at the appropriate stage, including framing of charge, by filing an appropriate application, the Court below shall consider the same on its own merits, without being prejudiced by the present order, in accordance with law.
(Ahsanuddin Amanullah, J) P. Kumar AFR/NAFR U T