The single judge permitted the petitioner to withdraw the quashing application filed under Section 482 CrPC, granting liberty to raise issues later if exonerated in departmental proceedings.
Permission granted to withdraw the quashing application with liberty to raise issues at the time of framing of charge if exonerated.
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 JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.42128 of 2017
Arising Out of PS. Case No.-8 Year-2010 Thana- C.B.I CASE District- Patna
======================================================
Mayank Kumar Son of Amir Singh, R/o Flat No.302, Shyam Kishori Apartment , Fraser Road, P.S.- Gandhi Maidan and Town and District- Patna.
... ... Petitioner/s
Versus
The Central Bureau Of Investigation, Patna
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. P. N. Shahi- Sr. Advocate Mr. Manish Kumar No-2- Advocate For the C.B.I. : Mr. Bipin Kumar Sinha, SC,CBI Mr. Avanish Kumar Singh- Spl. P. P. ======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
3 12-12-2023
and learned Special P. P. for the C.B.I.
submits that on the same set of allegation, as alleged in the F.I.R., a departmental proceeding was also initiated against
the petitioner and the Inquiry Officer, after threadbare inquiry, came to a considered conclusion that the charges as alleged in the charge memo were not found true.
the submission of the learned senior counsel for the petitioner and submits that report of the Inquiry Officer does
not attain finality in absence of it being accepted by the
Patna High Court CR. MISC. No.42128 of 2017(3) dt.12-12-2023 2/2
disciplinary authority. It is thus submitted that reliance placed by the learned senior counsel for the petitioner on the inquiry report is meritless.
(Satyavrat Verma, J)
vikash/-
U T
1 issue framed by the court
Whether to permit the withdrawal of the quashing application when the petitioner submits a revised plea.
Mayank Kumar
The Central Bureau Of Investigation, Patna
Satyavrata Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
