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Patna High CourtCR. MISC./61036/2024dismissed

Jai Prakash Narayan v. The State Of Bihar

2024-08-29Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61036 of 2024 Arising Out of PS. Case No.-55 Year-2013 Thana- VIGILANCE District- Patna ====================================================== Jai Prakash Narayan S/o Late Ramchandra Prasad Resident of 101 Lalita Apartment, S P Sinha Path, East Boring Canal Road, PS- Kotwali, Town and Distt. - Patna ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

The Vigilance Investigation Bureau (VIB) through its Director General, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amit Srivastava, Sr. Adv.

Mr. Girish Pandey For the Opposite Party/s :

Mr. Md. Shakir Ahmad For the Vigilance Dept. :

Mr. Anil Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 29-08-2024 Heard the learned senior counsel for the petitioner, learned APP for the State and learned counsel for the Vigilance Dpeartment.

2. This application has been filed on behalf of the petitioner for quashing the FIR bearing Special Case No. 58 of 2013 arising out of Vigilance P.S. Case No. 55 of 2013 registered for the offence under Sections 7(13)(2) and 13(1)(d) of the Prevention of Corruption Act, 1988.

3. As per the prosecution case, the petitioner is accused in a trap case.

Patna High Court CR. MISC. No.61036 of 2024(2) dt.29-08-2024 2/2

4. Learned senior counsel for the petitioner has made submissions based on his defence from the annexures of the prosecution case.

5. This Court vide order dated 1.7.2024 passed in Cr. Misc. No. 31296 of 2023 has quashed the order taking cognizance on the ground of non-speaking sanction order and has also given liberty to the State to file a fresh sanction order. When the charge-sheet has already been submitted in the year 2024, this Court will not examine the FIR, though it has vehemently been argued by the learned senior counsel for the petitioner to quash the aforesaid FIR.

6. So far as the submission of the learned senior counsel for the petitioner that the conduct of the I.O. is not proper, the same can be raised at the stage of trial.

7. Accordingly, this application is dismissed. (Sandeep Kumar, J) Vikas/- U T