Disposed

Rudra Naryan Pandey and Ors. v. State Of Bihar and Anr.

Patna HC3 Nov 2014CR. MISC./38278/2014

Case brief

AI extract

What is this about?

Petitioners sought quashing of a Vigilance cognizance order due to concurrent pending police investigations. The court refused quashment as the police investigations remained unfinished while the Vigilance case concluded, allowing IG to consider materials for amalgamation.

What did the court decide?

Application disposed with liberty to Investigating Officer to consider materials from pending cases for amalgamation.

Rudra Naryan Pandey and Ors. Vs State Of Bihar and Anr. — Writ and Judicial Review | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 38278 of 2014 Arising out of P.S. Case No. -16 Year- 2006 Thana -C.B.I CASE District- PATNA

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Rudra Naryan Pandey Son of Damodar Mishra Resident of Mohalla- Salempur, Gola Road Barh, P.O. and P.S.Barh, District- Patna.

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Anupam Kumar Tiwary Son of Late Krishna Murari Tiwary Resident of village- Murika, P.O.- Murika, P.S.Sigori, District- Patna.

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Ramashish Ram Son of Late Rup Lal Ram Resident of village- Azam Nagar, P.O.- Lal Bagh, Darbhanga, P.S.University, District- Darbhanga.

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Lanka Bari Son of Late Budhram Bari Resident of village- Echakuti, P.O.- Bara Guera Via Chaibasa, P.S.Mufassil, District- West Singhbhu, Jharkhand.

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.... .... Petitioner/s

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Versus

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The State of Bihar.

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The Secretary Vigilance Department Bihar, Patna.

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.... .... Opposite Party/s

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=================================================== Appearance :

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For the Petitioner/s : Mr. Radha Mohan Pandey, Adv. For the Opposite Party/s : Mr. Dashrath Mehta (APP) For the Vigilance: Mr. Santosh Kumar Panday, Adv. Vigilance A/C to Mr. R.K. Sharma, Sr. Adv. Vigilance

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CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER

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02. 03.11.2014 Supplementary-Affidavit filed today on behalf of the Petitioners be kept on record.

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The Petitioners seek quashing of the order of cognizance dated 12.06.2014 passed by the Special Judge, Vigilance 1^st , Patna in Special Case No. 14 of 2006 arising out of Vigilance Case No. 16 of 2006.

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The submission of the Petitioners is that initially a First Information Report vide Gardanibagh P.S. Case No. 181 of 2003 against the Petitioner No. 1, as against the Petitioner No. 2, Gandhi Maidan P.S. Case No. 147 of 2003, as against the Petitioner No. 3 Vaishali P.S.

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Patna High Court Cr.Misc. No.38278 of 2014 (2) dt.03-11-2014

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Case No. 281 of 2003 was instituted and even while the

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investigation of those cases were pending the present Vigilance Case was instituted on 23.03.2006 and, hence, the present prosecution be quashed.

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Considering that it is an admitted position that investigation of the aforesaid cases have not come to an end whereas it is only in the present First Information Report that investigation has been concluded, Chargesheet submitted and cognizance taken, I am not inclined to quash the proceeding of the present case.

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Hence, the application is disposed off with liberty to the Investigating Officer to consider on such submission the entire materials enumerated in the aforesaid cases as against the present Petitioners and forwarded the same to the Court concerned for amalgamation in the present case for an easy prosecution/defence.

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Let this order be communicated to the Sr. S.P. Patna/S.P. Vaishali at Hajipur through FAX at the cost of the Petitioner for its onward transmission to the Investigating Officer of the concerned Police Station.

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With these observations, the application is disposed off.

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(Anjana Prakash, J.)

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Vikash/-

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U T

Rudra Naryan Pandey and Ors. v. State Of Bihar and Anr.

Case brief

What is this about?

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Rudra Naryan Pandey and Ors. v. State Of Bihar and Anr.

Case brief

What is this about?

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