Petitioner sought withdrawal of a petition to quash criminal proceedings for corruption and conspiracy. Court allowed withdrawal with liberty to raise issues before the trial court.
Petition dismissed as withdrawn; liberty to raise points before trial court at appropriate stage.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. M.P. No. 2060 of 2014
Shyam Sunder Nath Roy … … Petitioner
Versus
The State of Jharkhand through the Central Bureau of … Investigation … Opposite Party
CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY --For the Petitioner : Mr. Rahul Kumar, Advocate For the C.B.I. : Mr. Rohit Sinha, Advocate ---
17 /13.01.2020 This petition has been filed for quashing of the entire criminal proceeding initiated against him in connection with R.C. Case No. 03(S)/2013 including the order dated 04.08.2014 passed by the Learned Court of Special Judge, CBI, Ranchi whereby and whereunder the said learned court below has been pleased to take cognizance against the petitioner for the offence under Section 120B read with Section 406/420 of the IPC and under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, which is now said to be pending in the learned court of Special Judge, C.B.I., Ranchi.
2. After some argument, learned counsel for the petitioner Mr. Rahul Kumar seeks permission to withdraw this petition with a liberty to raise all the points that have been raised in the present petition as well as the points that may be available to the petitioner as per law, before the learned court below at appropriate stage.
3. Learned counsel for the C.B.I. has no objection to the prayer made by the learned counsel for the petitioner. 4. Considering the submissions made, this criminal miscellaneous petition is dismissed as withdrawn with a liberty to the petitioner to raise all the points which are available to him under law at appropriate stage before the learned court below. It is made clear that dismissal of this petition will not
2
prejudice the case of the petitioner before the learned court below in any manner whatsoever.
5. Pending interlocutory application, if any, is dismissed as not pressed.
6. Interim order, if any, stands vacated.
7. Let a copy of this order be communicated to the learned court below through ‘FAX’.
(Anubha Rawat Choudhary, J.)
Pankaj
Shyam Sunder Nath Roy
The State of Jharkhand through the Central Bureau of Investigation
Anubha Rawat Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
