Dr. Nehal Akhtar @Dr. Md. Nehal Akhtar vs The State Of Bihar Through The Inspector ... on 22 January, 2016

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Patna High Court - Orders

Dr. Nehal Akhtar @Dr. Md. Nehal Akhtar vs The State Of Bihar Through The Inspector ... on 22 January, 2016

Bench: Ashwani Kumar Singh

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.31414 of 2015
                    Arising Out of PS.Case No. -8951 Year- 2013 Thana -PATNA COMPLAINT CASE District-
                                                            PATNA
                 ======================================================
                 Dr. Nehal Akhtar @Dr. Md. Nehal Akhtar son of late Chaudhary Mustak
                 Hussain resident of village- Upar Tola, Chhoti Balia, P.S.- Balia, District
                 Begusarai.
                                                                         .... .... Petitioner/s
                                                    Versus
                 1. The State of Bihar through the Inspector General-cum- Special Secretary,
                 Vigilance Investigation Bureau, Patna
                 2. Abdul Alim son of kaji Salim resident of village- Borna Police Station
                 Gogri, District Khagaria
                                                                    .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s        : Mr. Arun Kumar Sinha, Advocate
                 For the Vigilance           : Mr. Rama Kant Sharma, Sr. Advocate,
                                               Law Officer, I/C Vigilance, Bihar, Patna
                 For the Opposite Party/s    : Mrs. Rina Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR
                 SINGH
                 ORAL ORDER

4   22-01-2016

I.A. No.6 of 2016 in Cr. Misc. no. 31414 of 2015

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In the main application preferred under section 482 of the Code of Criminal Procedure, the petitioner seeks quashing of the order dated 18.05.2015 passed by the learned Special Judge, Vigilance II, Patna in Special case no. 08 of 2014, arising out of Complaint Case No. 895IC of 2013, by which a direction has been given to the Superintendent of Police, Vigilance to register first information report pursuant to the complaint petition filed by opposite party no.2 in exercise of power conferred under section Patna High Court Cr.Misc. No.31414 of 2015 (4) dt.22-01-2016 2/4 156 (3) of the Code of Criminal Procedure (For short "CrPC"). During the pendency of the aforesaid application, in compliance with the aforesaid order 18.05.2015, an FIR being Vigilance P.S. Case no. 103 of 2015, was registered on 09.12.2015 under Section 465, 467, 468, 471, 420, 201, 120B of the Indian Penal Code and Sections 13 (2) read with 13 (1) (d) of the Prevention of Corruption Act, 1988.

By way of filing the present interlocutory application, in addition to the prayer made in the writ petition, the petitioner also seeks quashing of the first information report of Vigilance P.S. Case no. 103 of 2015.

Learned counsel for the Vigilance does not oppose to the prayer of the petitioner made in the interlocutory application.

Upon hearing learned counsel for the parties and perusing the record, the prayer is allowed.

Learned counsel for the petitioner is permitted to add the aforesaid prayer made in the interlocutory application to paragraph no.1 of the main application.

The interlocutory application stands allowed and disposed of.

Patna High Court Cr.Misc. No.31414 of 2015 (4) dt.22-01-2016

3/4

Cr. Misc. No. 31414 of 2015 Heard learned counsel for the petitioner and learned Special Public Prosecutor for the Vigilance.

It has been contended that the impugned order, dated 18.05.2015, has been passed by the learned Special Judge II, Patna in Special case no.08 of 2014, whereby a direction has been given to the Superintendent of Police, Vigilance to register an FIR pursuant to the complaint petition filed by opposite party no.2 under section 156 (3) CrPC after taking cognizance of the offence.

He has further contended that the aforesaid order has been passed in contravention to the law laid down by the Supreme Court in the matter of Anil Kumar & Others vs. M.K. Ayappa reported in (2013) 10 SCC 705 as also against the decision of this court in the matter of Shakeldeo Paswan vs. State of Bihar through Director General, Vigilance and & Another reported in 2015 (3) PLJR 790.

Issue notice to the opposite party no.2 both by registered cover with A/D as well as ordinary process for which requisites etc. must be filed within ten days failing which the application as against him shall stand rejected without further reference to a Patna High Court Cr.Misc. No.31414 of 2015 (4) dt.22-01-2016 4/4 Bench.

In the meantime, further proceedings in connection with Vigilance P.S. Case No.103 of 2015 corresponding to Special Case No.22 of 2015 shall remain stayed.

(Ashwani Kumar Singh, J) Md.S./-

 U           T

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Patna High Court - Orders