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Patna High CourtCR. MISC./51216/2023withdrawn

Rupali Kumari v. The State Of Bihar Through The Director Vigilence Investigation Beauro, Bihar, Patna

2023-08-28Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51216 of 2023 Arising Out of PS. Case No.-363 Year-2023 Thana- MAKHDUMPUR District- Jehanabad ====================================================== RUPALI KUMARI WIFE OF NEERAJ KUMAR RANJAN RESIDENT OF VILLAGE -SAGARPUR PANCHAYAT MNJHAUS, BLOCK AND PS -MAKHDUPUR, DISTRICT -JEHANABAD PRESENTLY WORKING AS PANCHAYAT TEACHER, PRIMARY SCHOOL, SAGARPUR, JEHANABAD ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR THROUGH THE DIRECTOR VIGILENCE INVESTIGATION BEAURO, BIHAR, PATNA BIHAR 2.

SUSHIL KUMAR YADAV SON OF LATE SARYUG PD. YADAV RESIDENT OF VILLAGE- AND PO- MDHAV NAGAR, PSBHAWANIPUR, PRESENTLY POSTED AS POLICE INSPECTOR CUM INVESTIGATING OFFICER, VIGILENCE INVESTIGATION BEAURO, PATNA 3.

THE DIRECTOR GENERAL OF POLICE, OLD SECRETARIATE BIHAR, PATNA BIHAR 4.

THE SUPERINTENDENT OF POLICE, JEHANABAD BIHAR 5.

THE S.H.O. MAKHDUMPUR PS DISTT- JEHANABAD BIHAR 6.

THE PANCHAYAT SECRETARY, RAJ MAJHAS, MAKHDUMPUR, JEHANABAD BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anshu Dhar Sharma For the Opposite Party/s :

Mr. Ajay Mishra For the Vigilance :

Mr. Arvind Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-08-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Learned counsel for the petitioner, after some arguments, seeks permission to withdraw the present quashing application.

3. Permission is accorded with a liberty to the

Patna High Court CR. MISC. No.51216 of 2023(2) dt.28-08-2023 2/2 petitioner to raise all the issues at the time of framing of charges as it has been submitted by the learned counsel for the petitioenr that the FIR came to be instituted in haste based on an inquiry conducted behind the back of the petitioner and without giving any opportunity to the petitioner to explain her side of the case, it is further submitted that the educational certificate which is alleged to be forged and fabricated are genuine documents.

4. Accordingly, the present quashing application is dismissed as withdrawn.

5. The Court expects that in the event if discharge application is filed, the learned Trial Court shall apply its independent mind to arrive at a conclusion based on the documentary evidence which may be produced at the time of discharge.

(Satyavrat Verma, J) HarshPandey/- U T