This is a single-line order dismissing a petition for quashing a corruption prosecution by consent of the petitioner. The court accepted the request to withdraw the petition with liberty to raise the same points before the trial court later.
Petition dismissed as withdrawn with liberty to raise points before the trial court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. M.P. No. 60 of 2009
Ram Naresh Singh @ R.N. Singh, S/o Late Basudeo Singh, Retired Dy. C.F.M., Internal Audit Department, B.C.C.L. (HQ) Koyla Bhawan, Dhanbad, Resident of A/3 Kusum Vihar P.O. B.C.C.L, Township, P.S. Saraidhella, District - Dhanbad
… … Petitioner
Versus Union of India through C.B.I … … Opposite Party
CORAM: HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
For the Petitioner : Mr. Vishnu Kr. Sharma, Advocate For the State : Mrs. Nitu Sinha, Advocate ---
07/14.01.2020 Heard Mr. Vishnu Kr. Sharma, learned counsel appearing on behalf of the petitioner.
2. Heard Mrs. Nitu Sinha, learned counsel appearing on behalf of the State.
3. This petition has been filed for the following relief:
“For quashing of entire prosecution case of C.B.I Case No.RC13(A)/03(D) dated 12.11.03 which has been registered u/s 13(2) r/w 13(1) (e) of the Prevention of Corruption Act, against the petitioner including quashing the order dated 04/06/05 passed by learned Spl. Judge C.B.I – cum – 3rd A.D.J Dhanbad by which learned court has took cognizance under Section 13 (1) (e) read with Section 13 (2) of the Prevention of Corruption Act against the petitioner without any sanction from the authority competent to remove the petitioner from service as required under Section 19 (1) (C) of the P.C. Act, 1988 in RC 13(A)/03(D). The case is pending in the court of learned Spl. Judge, C.B.I – cum – 3rd A.D.J. Dhanbad.”
4. Learned counsel for the petitioner seeks permission to withdraw this petition with a liberty to raise all the points which have been raised in the present petition as well as any other points that may be available to the petitioner before the learned court below at appropriate stage. He submits that withdrawal of this case may not prejudice his case before the learned court below.
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5. Learned counsel for the Central Bureau of Investigation, has no objection to the prayer made.
6. Considering the submissions made, this petition is dismissed as withdrawn with a liberty to the petitioner to raise all the points which have been raised in the present petition as well as any other points, which may be available to the petitioner under law. It is made clear that withdrawal of this petition will not prejudice the case of either parties in any manner whatsoever.
7. Pending interlocutory applications, if any, are dismissed as not pressed.
8. Let this order be communicated to the learned court below through ‘FAX’.
(Anubha Rawat Choudhary, J.)
Saurav/
Ram Naresh Singh
Union of India
Anubha Rawat Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
