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Patna High CourtCR. WJC/1390/2019disposed

Bhola Giri v. The State Of Bihar Through Dy. S. P. Cum Inspector Of Police Vigilance Investigation Bureau Patna

2019-09-30Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1390 of 2019 Arising Out of PS. Case No.-26 Year-2016 Thana- VIGILANCE District- Patna ====================================================== Bhola Giri Son of Late Jay Krishna Giri Resident of Flat No.108, Radha Krishna Apartment, R.K. Bhattacharya Road, P.S-Gandhi Maidan, DistrictPatna (Bihar). ... ... Petitioner

Versus

1.

The State Of Bihar Through Dy. S. P. Cum Inspector Of Police Vigilance Investigation Bureau Patna 2.

The Additional Superintendent of Police Vigilance Investigation Bureau, Patna. Patna.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Y. V. Giri, Sr. Adv.

Mr. Raju Giri, Adv.

Mr. Santosh Kumar Mishra, Adv.

For the Respondent/s :

Mr. Anjani Kumar, Sr. Adv.

Mr. Sanjay Prasad, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 30-09-2019 In view of an equally efficacious statutory remedy of appeal under Section 17 of the Bihar Special Courts Act, 2009 (for short 'the Act') against any order of the authorized officer, I am not inclined to entertain the present application preferred under Articles 226 and 227 of the Constitution of India whereby challenge has been made to the order dated 25.07.2019 passed by the Authorized Officer, Special Court, Vigilance, Patna in Special (Vigilance) Case No. 7 of 2019.

In that view of the matter, the application is disposed of with liberty to the petitioner to challenge the aforesaid order

Patna High Court CR. WJC No.1390 of 2019(2) dt.30-09-2019 2/2 dated 25.07.2019 in appeal under Section 17 of the Act. It is needless to say that in case any application for condonation of delay in filing the appeal is filed, the petitioner would be at liberty to plead that the delay was caused as he was pursuing his remedy before this Court under Articles 226 and 227 of the Constitution of India.

(Ashwani Kumar Singh, J) Pradeep/- U T