Shukdeo Ojha vs The State Of Bihar & Ors on 4 August, 2017

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Patna High Court - Orders

Shukdeo Ojha vs The State Of Bihar & Ors on 4 August, 2017

Bench: Birendra Kumar

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Criminal Writ Jurisdiction Case No. 1029 of 2014
                 ======================================================
                 Braj Bhushan Prasad Sinha
                                                                         .... .... Petitioner
                                                   Versus
                 The State of Bihar through the Director General of Police, Bihar, Patna &
                 Ors.
                                                                        .... .... Respondents
                 ======================================================
                                                    With
                             Criminal Writ Jurisdiction Case No. 606 of 2014
                       Arising Out of PS.Case No. -null Year- null Thana -null District- MUZAFFARPUR
                 ======================================================
                 Shukdeo Ojha
                                                                   .... .... Petitioner
                                                 Versus
                 The State of Bihar & Ors
                                                                   .... .... Respondents
                 ======================================================
                 Appearance :
                 (In Cr. WJC No.1029 of 2014)
                 For the Petitioner    :  Mr. Bishnu Kant Dubey, Advocate
                 For the Respondents :    Mr. Jawahar Pd. Karn
                 (In Cr. WJC No.606 of 2014)
                 For the Petitioner    : Mr. Shiv Kumar, Advocate
                 For the Respondents :    Mr. D.P. Tiwary (App)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
                 ORAL ORDER

9   04-08-2017

The petitioners have invoked the writ jurisdiction of this Court for quashing the First Information Report of Economic Offence Police Station Case No. 13 of 2014, vide Annexure-1 and Economic Offence Police Station Case No. 14 of 2014, vide Annexure-16/A. Further prayer is for quashing Memo No. 8752, dated 01.12.2011 vide Annexure-13 and Memo No. 9085, dated 15.12.2011 contained in Annexure-16 issued by the General Secretary and under Secretary to the Department of Home Patna High Court Cr. WJC No.1029 of 2014 (9) dt.04-08-2017 2/2 (Police), Government of Bihar whereby Economic Offence Police Station was created.

Submission of the learned counsel for the petitioners is that the issue aforesaid of quashment of the aforesaid memos and constitution of the Economic Offence Unit was decided by the majority view of this Court in Cr.W.J.C. No. 563 of 2013 (Md. Yunus Versus The State of Bihar through the Director General of Police, Bihar, Patna & Ors.) by orders dated 27.09.2016 and 08.03.2017.

However, the aforesaid orders passed in Cr.W.J.C. No. 563 of 2013 have been stayed by the Hon'ble Apex Court by order dated 21.07.2017 passed in SLP No. 005469-5470 of 2017, Cr. Diary No. 15678 of 2017.

In the circumstances, let these applications be listed for hearing after disposal of the SLP aforesaid.

(Birendra Kumar, J) Kundan/-

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Patna High Court - Orders