Yugal Kishore Prasad v. The State Of Bihar Through Vigilance
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44870 of 2012 ====================================================== Yugal Kishore Prasad, S/O Late Ragho Sahu, R/O Village - Udhanichak Barh, P.S. - Barh, Distt. - Patna, at present Cooperative Extension Officer, in the office of the District Cooperative Office, Lakhisarai, DistrictLakhisarai. .... .... Petitioner/s
Versus
The State Of Bihar through Vigilance .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar For the Vigilance : Mr. Ramakant Sharma, Sr.Adv. Mrs. Babita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 14-05-2015 The petitioner has filed the present application under Section 482 Cr.P.C. for quashing the order dated 09.08.2012 passed by learned Special Judge, Vigilance-II, Patna in Special Case No.18 of 2012, whereby the cognizance has been taken under Section 7/13 read with 13(1)(d) of the Prevention of Corruption Act, 1988 and summons have been issued to the accused petitioner for facing trial.
Learned senior counsel appearing on behalf of the petitioner submits that though there are good grounds for challenging the order taking cognizance, but, now, the case has been fixed for framing charge, therefore, the petitioner may be granted liberty to raise all the issues, which have been raised in the present application, before the learned trial court at the time of framing of charge and with that direction the present application may be disposed of.
In view of the aforesaid submissions, which are not contested by the learned counsel for the Vigilance, the present
Patna High Court Cr.Misc. No.44870 of 2012 (3) dt.14-05-2015 application is finally disposed of with a liberty to the petitioner to raise all the issues, which have been raised in the present application, before the learned trial court at the stage of framing of charge.
It is expected that, if such issues are raised by the petitioner, then the same shall be considered and decided by the learned trial court strictly in accordance with law. (Birendra Prasad Verma, J) Arvind/- U T