Dismissed

Shastri Yadav v. The State Of Bihar Through C.b.i.

Patna HC6 May 2014CR. MISC./17588/2013

Case brief

AI extract

What is this about?

The Patna High Court dismissed the petitioner's application to quash the Special Judge's order rejecting his discharge plea. The court held there was no illegality in rejecting the discharge application given the evidence of conspiracy and fake bills prepared by the petitioner.

What did the court decide?

Application for quashing of the impugned order rejecting the discharge application is dismissed.

Shastri Yadav Vs The State Of Bihar Through C.b.i. — Corruption | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17588 of 2013

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====================================================== Shastri Yadav S/O Sri Shiv Shankar Yadav, resident of vllage- Kanchanpur, P.S.- Bihta, District- Patna .... .... Petitioner Versus The State Of Bihar through C.B.I. .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Murari Prasad Sinha, Advocate For the CBI : Mr. Bipin Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER

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2 06-05-2014 Heard learned counsel for the petitioner and learned counsel for the CBI.

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By invoking extraordinary jurisdiction of this court under Section 482 of the Code of Criminal Procedure, the petitioner has prayed for quashing of the order dated 21^st of February, 2013 passed by the learned Special Judge, C.B.I., -III, Patna in Spl. Case No. 21 of 2005 arising out of RC/18 (A)/2005PAT registered under Sections 120(B), 420, 467, 468 and 471 of the Indian Penal Code and Sections 13(2) read with Section 13(1)(d) of the P.C. Act, 1988 by which the application of the petitioner for discharge from the aforesaid case has been rejected.

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The FIR was registered against unknown. The CBI investigated the case and found complicity of the petitioner in the alleged offence. Accordingly, a report under Section 173 of the

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Patna High Court Cr.Misc. No.17588 of 2013 (2) dt.06-05-2014

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2/2

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Code of Criminal Procedure was filed in the Court. The petitioner along with others was sent up for trial. At the stage of framing of charge, an application under 227 of the Code of Criminal Procedure was filed by the petitioner which has been rejected vide order dated 21^st of February, 2013. The said order is under challenge before this Court.

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From perusal of the impugned order, it transpires that the investigation has disclosed that the petitioner was working with co-accused Pramod Kumar @ Vinod Kumar as his Clerk and they conspired with the contractor, Brajesh Kumar Singh and other officials of BSNL for committing the alleged offence. Five fake bills and work orders in the writing of the petitioner were prepared. Those bills were sent for scientific examination and GEQD report confirms that fake bills were prepared in the writing of the petitioner. On the basis of the fake bills, payments were made.

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In that view of the matter, if the Court below rejected the application for discharge, I find no illegality in the order impugned. Accordingly, the application is dismissed.

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Jagdish/-

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(Ashwani Kumar Singh, J)

Shastri Yadav v. The State Of Bihar Through C.b.i.

Case brief

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Shastri Yadav v. The State Of Bihar Through C.b.i.

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