Patna High CourtCR. REV./1100/2014withdrawn

Hemant Kumar v. The State Of Bihar And ORS

2017-02-28Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.1100 of 2014 ======================================================

1. Hemant Kumar S/o Sri Mahesh Prasad Singh Resident of village + P.O. Jarang Rampur, P.S. Belsar Patedhi, District - Vaishali .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Director General, Vigilance Investigation Bureu, Govt. of Bihar, Patna

3. Gupteshwar Pandey S/o Late Jagdish Pandey the then Deputy Inspector General of Police, Tirhut Range, Muzaffarpur at present Additional Director General of Police ( Head Quarter ) Govt. of Bihar, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Siyaram Sahi, Advocate For the Vigilance : Mr. Ramakant Sharma Senior Advocate With Mr. Rakesh Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-02-2017 The petitioner is aggrieved by an order, dated 22.10.2014, passed by learned Special Vigilance Judge, Vigilance Court, North Bihar, Muzaffarpur, whereby he has dismissed complaint case filed by the petitioner. Learned counsel appearing on behalf of the Vigilance Department has raised a preliminary objection as to maintainability of this application relying on Section 9(2) of the Bihar Special Court's Act, 2009 (hereinafter referred to as the Act).

Learned counsel for the Vigilance has submitted that only appeal can be maintained against any judgment and order passed by the Special Court under Section 9(1) of

the Act and no revision can be maintained in view of specific bar under Section 9(2) of the Act.

I find substance in the preliminary objection raised on behalf of the Vigilance, which is sustainable. This application is, accordingly, dismissed as withdrawn.

Learned counsel for the petitioner seeks liberty to question the legality of the impugned order in appropriate proceeding. That goes without saying. The liberty as sought for is granted.

(Chakradhari Sharan Singh, J) ArunKumar/- U