Jharkhand High Court
Bom Bahadur Mishra vs State Of Jharkhand Thr Vigilan on 18 May, 2012
Author: R.R. Prasad
Bench: R.R. Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. M. P. No. 822 of 2012
Bam Bahadur Mishra ... ... Petitioner
Versus
State of Jharkhand through Vigilance ... ... Opp. Party
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CORAM: HON'BLE MR. JUSTICE R.R. PRASAD
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For the Petitioner : Mr. Rajesh Kumar, Advocate
For the Vigilance : Mr. Shailesh, Advocate
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2/18.05.2012Heard the parties.
Learned counsel appearing for the petitioner submits that the petitioner is facing trial since 1983. In course of trial, the prosecution got a sanction order marked as exhibit in terms of the provision under Section 294 Cr.P.C. in spite of the fact that the petitioner had raised objection for marking it as exhibit. That order was challenged before this Court and the order, under which sanction order had been marked as exhibit, was set aside. However, liberty was given to the prosecution to take aid of Section 311 Cr.P.C.
In course of time, an application was filed by the prosecution taking a plea that since the sanction order is a public document, it be marked under the provision of Section 74 of the Evidence Act but that application was rejected.
In spite of that the court is proceeding whereas in absence of any sanction, the court cannot proceed.
The proposition of law is never denied but since the trial appears to be at the fag end of its conclusion, I am not inclined to interfere with the impugned order.
Hence this application stands disposed of with a liberty to the petitioner to raise this plea at the time of final argument.
It is expected that the trial would be concluded at the earliest.
(R.R. Prasad, J.) AKT