Om Prakash Prasad v. The State Of Bihar Through Vigilance Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73974 of 2019 Arising Out of PS. Case No.-49 Year-2018 Thana- VIGILANCE District- Patna ====================================================== OM PRAKASH PRASAD Son of Shri Parma Prasad Resident of Hasanpurwa, Police Station- Ander, District- Siwan, Presently residing near jalalpur City, Police Station- Rupaspur, District- Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR THROUGH VIGILANCE PATNA Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Mishra, Advocate For the Vigilance :

Mr. Anil Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 17-03-2025 Heard the parties.

2. The present application has been filed for quashing of the order dated 06.05.2019 by which learned Special Judge, Vigilance-II, Patna has taken cognizance against the petitioner in connection with Vigilance P.S. Case No. 49.18 (Special Case No. 23/2018) u/s 482 of the Cr.P.C., 1973.

3. It has been submitted by learned counsel for the petitioner that a fresh reasoned sanctioned order has been passed in this case.

4. Learned counsel for the Vigilance also accepted this fact.

5. In these circumstances, the present application is allowed. The impugned order dated 06.05.2019 is set aside and

Patna High Court CR. MISC. No.73974 of 2019(13) dt.17-03-2025 2/2 the matter is remitted back to the learned Special Judge, Vigilance-II, Patna for fresh consideration of the sanction order and passing a fresh order of cognizance in accordance with law. (Sandeep Kumar, J) Ranjeet/- U T