Patna High CourtCR. MISC./13947/2013dismissed

Dinesh Kumar Arya v. State Of Bihar And ANR

2018-07-23Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13947 of 2013 Arising Out of PS.Case No. -18 Year- 2009 Thana -C.B.I CASE District- PATNA ===========================================================

1. Dinesh Kumar Arya, S/O Dharmraj Paswan, resident of village- Hankarpur, P.S.- Rajpur, District- Buxar .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Vigilance Investigate Bureau, Bihar, Patna .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar Singh, Advocate For the Opposite Party/s : Mr. Ramakant Sharma, Law Officer, Vigilance with Mr. Kedar Singh, Asstt. Law Officer.

=========================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL JUDGMENT Date: 23-07-2018 This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 23.03.2011 and 01.11.2012 passed by the Special Judge, Vigilance, 1st, Patna, in Special Case No.12 of 2009 by which learned court below has taken cognizance against the petitioner for the offence under Section(s) 420, 467, 468, 471, 477-A, 109, 120-B, 419, 409 Indian Penal Code and Section 7, 8, 3(ii) and 13(1)(d) of the Prevention of Corruption Act, 1988.

A report was called for from the Court below about the present stage of the case, which has been received. It is mentioned in the report that the case is pending for hearing on discharge petition filed by the accused persons. It is also mentioned in the aforesaid

Patna High Court Cr.Misc. No.13947 of 2013 dt.23-07-2018 2/2 report that petitioner had earlier filed Cr. Revision No.911 of 2014 in the Hon'ble Court, which was disposed off on 11.08.2017. By order dated 19.06.2018, counsel for petitioner was directed to verify the fact and produce web copy of the aforesaid order, but the same has not been filed as yet. This Court finds from report of the Court below that the case is pending for hearing on discharge petition. It is mentioned in the impugned order that cognizance has been taken after sanction order passed by the competent authority.

Therefore, this Court does not find any illegality in the impugned order.

The application is, accordingly, dismissed.

The Court below will proceed with the case in accordance with law.

(Sanjay Priya, J) J.Alam/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 26-07-2018 Transmission Date 26-07-2018