Dismissed

Mahesh Chandra Pathak v. The State Of Jharkhand Through Superintendent Of Police Central Bureau Of Investigation Acb Dhanbad

Jharkhand HC17 Dec 2019Cr.M.P./1195/2017

Case brief

AI extract

What is this about?

Petitioner seeking withdrawal of criminal miscellaneous petition for quashing criminal proceedings under IPC and Prevention of Corruption Act. Court dismissed petition as withdrawn with liberty to raise points later; no substantive decision on merits rendered.

What did the court decide?

Petition dismissed as withdrawn with liberty to raise points before trial court at appropriate stage.

Mahesh Chandra Pathak Vs The State Of Jharkhand Through… — Quashing and FIR | Jharkhand HC (2019)

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI

¶2

Cr. M.P. No. 1195 of 2017

¶3

Mahesh Chandra Pathak … … Petitioner

¶4

Versus

¶5

The State of Jharkhand, through Superintendent of Police, Central Bureau of Investigation (Anti corruption Branch), Dhanbad … … Opposite Party

¶6

CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY --For the Petitioner : Mr. Sanjay Piprawall, Advocate Mr. Rakesh Ranjan, Advocate For the C.B.I. : Mr. Rajiv Nandan Prasad, Advocate ---

¶7

12 /17.12.2019

¶8

1. This petition has been filed for quashing the entire criminal proceedings of R.C. Case No. 4(A)/2013(D), alongwith order taking cognizance dated 05.03.2016 passed by the learned 11^th Addl. Sessions Judge-cum-Special Judge, C.B.I., Dhanbad, so far as it relates to the petitioner, whereby and whereunder the learned court below has been pleased to take cognizance of offence under Sections 120(B), 420, 468 and 471 of the Indian Penal Code read with Section 13(2) and 13(1)(d) of the Prevention of Corruption Act, 1988, which is now said to be pending in the court of learned 11^th Addl. District Judges-cumSpecial Judge, C.B.I. Dhanbad.

¶9

2. After some argument, learned counsel for the petitioner seeks permission to withdraw this petition with a liberty to raise all the points which are available to the petitioner as per law at appropriate stage before the learned court below. He also submits that dismissal of this petition may not prejudice the case of the petitioner before the learned court below in any manner.

¶10

3. Counsel for the opposite party- C.B.I. does not have any serious objection to the prayer made by the counsel for the petitioner.

¶11

¶12

4. Accordingly, this criminal miscellaneous petition is dismissed as withdrawn with a liberty to the petitioner to raise all the points which are available to him under law before the learned court below at appropriate stage. It is further observed that dismissal of this petition will not prejudice the case of the petitioner before the learned court below in any manner whatsoever.

¶13

5. Interim order, if any, stands vacated.

¶14

6. Pending interlocutory application, if any, is dismissed as not pressed.

¶15

7. Let a copy of this order be communicated to the learned court below through ‘FAX’.

¶16

(Anubha Rawat Choudhary, J.)

¶17

Pankaj

Mahesh Chandra Pathak v. The State Of Jharkhand Through Superintendent Of Police Central Bureau Of Investigation Acb Dhanbad

Case brief

What is this about?

What did the court decide?

Mahesh Chandra Pathak v. The State Of Jharkhand Through Superintendent Of Police Central Bureau Of Investigation Acb Dhanbad

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

M/S Maa Parvati Coke Industries And Anr. Vs State Thr SP CBI And Bharat Coki

Sunil Ranjan Asthana Vs the Union of India through Central Bureau of Investigation CBI

Bal Karan Vs the Union of India through Central Bureau of Investigation CBI

Rabindra Kumar Karna Vs the Union of India through C B I

Brajesh Ranjan Sinha Vs The Union Of India Through C B I

Rakhal Marandi And 7 Ors. Vs State of Jharkhand