IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.32967 of 2010
KISHORE KUMAR SINHA, son of Devendra Kumar, resident of village- Belahi
(Nilkanth), P.S. Runni Saidpur, District- Sitamarhi, posted as Block Supply Officer
(under suspension), Block- Katra, Muzaffarpur ...Petitioner
Versus
THE STATE OF BIHAR through Additional Director General of Police (ADG),
Vigilance Investigation Bureau, Bihar, Patna ...Opposite Party
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2/ 07.03.2011 Supplementary affidavit on behalf of the petitioner is
being filed. Let it be kept with the record.
Heard the parties.
The petitioner has sought quashing of the order dated
18.06.2010 passed by the Special Judge (Vigilance), Muzaffarpur, in
Special Case No.13 of2010 by which cognizance has been taken
under section 7/13(2) read with section 13(1)(D) of Prevention of
Corruption Act.
It has been submitted that the petitioner has been
exonerated of all the charges by the department and, therefore, the
present prosecution is meaningless. Further submission is that the
witnesses, who were present near the place of occurrence, were not
made witnesses to the trap, but it is only other PDS Dealers, who
have been cited as witnesses.
Since the exoneration of the petitioner by the department
does not affect the criminal prosecution as also that other arguments
raised on behalf of the petitioner are factual in nature which only be
adjudicated at the stage of trial, I am not inclined to interfere in the
matter.
The application is dismissed.
JA/- (Anjana Prakash,J.)