Allowed

Sudhir Kumar v. The State Of Bihar Through D. G. P. Bihar, Patna and Ors.

Patna HC13 Jul 2023CR. WJC/1352/2017

Case brief

AI extract

What is this about?

This writ petition sought quashing of an F.I.R. registered under the Prevention of Corruption Act by a private person. The High Court allowed the application, quashing the proceedings based on the death of the informant and Supreme Court precedents regarding private complaints.

What did the court decide?

The F.I.R vide Sakra P.S. Case No. 401 of 2014 and all consequential proceedings are quashed.

Sudhir Kumar Vs The State Of Bihar Through D. G. P. Bihar, Patna… — Corruption | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.1352 of 2017

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Arising Out of PS. Case No.-401 Year-2014 Thana- SAKRA District- Muzaffarpur

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======================================================

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Sudhir Kumar S/o Late Bhupneshwar Prasad At present Assistant Statistical Officer, District Statistical Office, Muzaffarpur.

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... ... Petitioner/s

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Versus

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The State Of Bihar Through D. G. P. Bihar, Patna

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The State of Bihar through the Vigilance investigation Bureau, Bihar, Patna.

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Senior superintendent of Police, Muzaffarpur.

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Officer-in-Charge, Sakra Police Station, Muzaffarpur.

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Amit Kumar, S/o Bijay Kumar Sinha, Resident of Village- Sakra Faridpur, P.S.- Sakra, District- Muzaffarpur.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar @ S.K., Advocate For the Respondent/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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5 13-07-2023

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The present application has been filed for quashing of the F.I.R vide Sakra P.S. Case No. 401 of 2014 arising out of Complaint Case No. 191 of 2012 registered for the offences under Sections 13, 14 of Prevention of Corruption Act.

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2. The informant has died, therefore, there is no need

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of issuing notice upon informant.

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3. The short submission of learned counsel for the petitioner is that the present F.I.R was filed by the private person and therefore, the entire prosecution of the petitioner including the F.I.R is not maintainable, in view of the law laid down by

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Hon’ble Supreme Court in case of Anil Kumar & Others Vs. M.K. Aiyappa & Anr reported in (2013) 10 SCC 705.

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Patna High Court CR. WJC No.1352 of 2017(5) dt.13-07-2023 2/2

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In view of the above and also considering the law laid down by Hon’ble Supreme Court in case of Anil Kumar & Others Vs. M.K. Aiyappa & Anr (supra) , this application is allowed. The F.I.R vide Sakra P.S. Case No. 401 of 2014 arising out of Complaint Case No. 191 of 2012 and all consequential proceedings arising out of aforesaid F.I.R are hereby quashed.

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(Sandeep Kumar, J)

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Harsh/

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U T

Sudhir Kumar v. The State Of Bihar Through D. G. P. Bihar, Patna and Ors.

Case brief

What is this about?

What did the court decide?

Sudhir Kumar v. The State Of Bihar Through D. G. P. Bihar, Patna and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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