Ramchandra Sharma @ Ram Chandra Sharma v. The State Of Bihar Through Economic Offence Unit
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.734 of 2024 Arising Out of PS. Case No.-14 Year-2013 Thana- ECONOMIC OFFENCES, BIHAR District- Patna ====================================================== Ramchandra Sharma @ Ram Chandra Sharma Son Of Late Bachchoo Sharma @ Bachchu Sharma Resident Of Adarsh Vihar Colony, Rukunpura, P.S. - Rupaspur, District - Patna ... ... Petitioner/s
Versus
The State of Bihar through Economic Offence Unit Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Ranjan, Advocate Mr. Kaushal Kumar, Advocate Mr.Madhukar Anand, Advocate For the EOU :
Mr.Vishwanath Pd. Sinha, Sr. Advocate Mr. Soni Shrivastava, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 02-07-2024 Heard Mr. Rajesh Ranjan, learned counsel for the petitioner and Mr. Vishwanath Prasad Sinha, learned senior counsel for the EOU.
2. Learned counsel for the petitioner has challenged the order taking cognizance dated 09.01.2017 passed by the Special Judge, Vigilance-I, Patna in Special Case No. 24 of 2013 arising out of Economic Offence Unit P.S. Case No. 14 of 2013 on the ground that the petitioner has been exonerated in the departmental proceeding twice.
3. Since the cognizance has been taken in January, 2017, I am not inclined to interfere in such an old order.
4. This application is disposed of with liberty to the
Patna High Court CR. MISC. No.734 of 2024(2) dt.02-07-2024 2/2 petitioner to file a discharge application taking all the grounds including the ground of his exoneration in department proceeding on merits. He may take this ground in his discharge application and the Special Judge, Vigilance will consider the same in accordance with law particularly in view of the law laid down by the Hon'ble Supreme Court in the case of Ashoo Surendranath Tewari vs. Deputy Superintendent of Police, EOW, CBI reported in (2020) 9 SCC 636.
(Sandeep Kumar, J) P. Kumar U T