Dismissed

Deepak Kumar v. State of Bihar and Ors.

Patna HC8 Jan 2014CR. WJC/1148/2010

Case brief

AI extract

What is this about?

In an oral order dismissing a criminal writ petition, the High Court of Patna lifted a stay previously granted against the return of seized documents by the Vigilance to the Rural Development Department, thereby allowing the investigation to proceed.

What did the court decide?

Vacated the stay dated 01.12.2010 granting liberty to the petitioner to justify innocence on returned documents.

Deepak Kumar Vs State of Bihar and Ors. — Writ and Judicial Review | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Writ No.1148 of 2010

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====================================================== DEEPAK KUMAR, SON OF LATE RAMESH CHANDRA SHARMA, VILLAGE-BIHTA, P.O.-ALIPUR BIHTA, VIA-KHUSRUPUR, PSBAKHTIARPUR, DISTRICT-PATNA.

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…. …. PETITIONER/S VERSUS

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1. THE STATE OF BIHAR THROUGH DEPUTY INSPECTOR GENERAL OF POLICE, PURNEA RANGE, BIHAR.

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2. THE DISTRICT MAGISTRATE, ARARIA, BIHAR.

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3. THE SUPERINTENDENT OF POLICE, ARARIA, DISTRICTARARIA, BIHAR.

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4. THE OFFICER-IN-CHARGE, ARARIA, DISTRICT-ARARIA, BIHAR.

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5. THE POLICE INSPECTOR CUM INVESTIGATING OFFICER, ARARIA, P.S. DISTRICT-ARARIA, BIHAR.

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.... .... RESPONDENT/S

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====================================================== Appearance: For the Petitioner/s : Mr. Prabhat Ranjan, Adv. For the Vigilance : Mr. Ramakant Sharma, Sr. Adv. Mr. Kedar Singh, AC to Vigilance. For the State : Mr. Din Bandhu Singh-GP-9 ======================================================

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CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER

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27. 08-01-2014 The Senior Counsel representing the Vigilance, Shri Ramakant Sharma appeared and submitted that in token of order dated 04-07-2013 passed in Cr.W.J.C. No.1152 of 2010 the documents which were seized by vigilance in connection with

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Patna High Court CR. WJC No.1148 of 2010 (27) dt.08-01-2014

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Araria P.S. Case No.298/2005 is going to be returned to the Rural Development Department, Araria, today itself.

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At the present juncture, the learned counsel for the petitioner submits that the so alleged occurrence of Araria P.S. Case No.298 of 2005 happens to be with regard to the financial year 2004-2005 is found quashed vide Cr.W.J.C. No.764 of 2009. Even then, for the same cause instant case bearing Araria P.S. Case No.283 of 2010 has been registered wherein petitioner is not named in FIR. Although during course of investigation has been arrayed as an accused. It has further been submitted that petitioner had already been exonerated during departmental enquiry. It has further been submitted that the documents being sent by the vigilance will show innocence of petitioner.

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On the other hand, it has been submitted on behalf of State that investigation has already been completed by way of submission of charge sheet after obtaining sanction against the petitioner including others.

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Having a liberty to the petitioner to justify his innocence on the basis of the documents which is

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Patna High Court CR. WJC No.1148 of 2010 (27) dt.08-01-2014

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being returned back to department by the vigilance,

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instant petition is disposed of.

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Accordingly, the stay granted vide order

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dated 01.12.2010 is being vacated.

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(Aditya Kumar Trivedi, J)

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PN/-

Deepak Kumar v. State of Bihar and Ors.

Case brief

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Deepak Kumar v. State of Bihar and Ors.

Case brief

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