IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.3184 of 2011
DAVESH CHANDRA SAXENA s/o Late Saryu Prasad Saxena, R/o Mohalla- Postal Park,
Road, No.1, Near Postal Part, Post Office, P.S.- Kankarbagh, District- Patna.
...Petitioner
Versus
THE STATE OF BIHAR THROUGH VIGILANCE ...OP
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3/ 14.02.2011 Heard the parties.
The petitioner has sought quashing of the entire
proceeding in Special Case No. 30 of 1988 pending before the
Special Judge II, Vigilance, Patna, on the ground that no sanction
under section 197 Cr. P. C. and section 19 of the Prevention of
Corruption Act, 1988, has been obtained. However, during
argument, the petitioner confined his prayer to seeking quashing
only on the ground that no sanction had been obtained under section
197 Cr. P. C.
The prosecution case is that the petitioner by his lapse in
official duty had caused loss of Rs.4900/- to the government
exchequer. The case was instituted on 22.8.1988, whereafter charge-
sheet was submitted on 30.06.1992 and the police papers were
supplied in the year 2007, whereas, charges were framed on
10.12.2008. After examination of the witnesses, case of the
prosecution was closed on 06.08.2010 and the statement of the
accused was recorded under section 313 Cr. P. C. on 09.08.2010,
whereas, the defence was closed on 2.10.2010. This application has
been filed on 24.01.2011 seeking quashing on the question of
sanction.
2
Considering that the petitioner has been charged also
under the various offences punishable under the provision of
Prevention of Corruption Act as also that the trial is at the fag ended
I am not inclined to interfere in the matter.
However, it will be open to the petitioner to raise this
point at the stage of argument since in the facts of this case such an
issue can be determined only at that stage.
With this observation, the application is disposed of.
JA/- (Anjana Prakash,J.)