Jharkhand High Court
Nistar Minz vs The State Of Jharkhand Through Anti ... on 6 July, 2023
Author: Gautam Kumar Choudhary
Bench: Gautam Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 635 of 2021
Nistar Minz .... .... .... Petitioner
Versus
The State of Jharkhand through Anti Corruption Bureau, Jharkhand
.... .... .... Opp. Party
WITH
Cr.M.P. No. 1733 of 2023
Nistar Minz .... .... .... Petitioner
Versus
The State of Jharkhand through Anti Corruption Bureau, Jharkhand
.... .... .... Opp. Party
CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
For the Petitioner : Mr. Rajiv Sinha, Advocate
Mr. Imran Hassan, Advocate
Mr. Rohit Sinha, Advocate
For the ACB : Ms. Priya Shrestha, A.P.P.
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Order No.21 Dated : 06.07.2023 I.A. No.5716 of 2023 Heard learned counsel in I.A. No.5716 of 2023 which has been filed modification of the order dated 30.06.2023 passed by this Court in the instant petition (Cr. Revision No.635 of 2021) for de-listing/release of Cr.M.P. No.1733 of 2023 and for being placed before Hon'ble Mr. Justice Anil Kumar Choudhary and further for a direction to the vigilance for clarifying their stand on the integral issue as to whether the allegation with regard to fertilizers forms a part of the Vigilance P.S. Case No.11/2009 corresponding to Vigilance Spl. Case No.15/2009.
It is submitted by learned counsel on behalf of petitioner that Cr.M.P. No.1733 of 2023 has been filed against the order passed by learned Special Judge, ACB, Ranchi on a petition under Section 340 of the Cr.P.C. in which the petition filed for initiation of proceeding, was rejected.
It is submitted that since proceeding under Section 340 of the Cr.P.C. is to be initiated for forgery of I.P.C. offence and the roster of this Court is confined to P.C. Act and therefore, instant petition is being moved with the above prayer.
I find force in the submission advanced by Learned A.P.P. for the State that the order rejecting petition u/s 340 Cr.P.C has been passed by the learned Special Judge ACB in Vigilance Spl. Case No.15/2009, which is for IPC offences and also for offence under the PC Act, therefore the instant criminal miscellaneous petition is to be heard before this Court as per the roster.
Considering the submission, I.A. No.5716 of 2023 is rejected. Let these cases be listed on 14.07.2023.
(Gautam Kumar Choudhary, J.) Anit