DHANESHWAR PANDIT Vs. STATE OF BIHAR

JUDGEMENT

(1.) All these writ petitions arise out of Vigilance P.S.Case No.8 of 2004 dated 28.7.2004 instituted under sections 465, 467, 468, 471, 474, 477A, 409, 418, 420, 218, 109,119, 120B of the Indian Penal Code (hereinafter referred to as "the Penal Code) and 7, 13(2) read with 13(1)(c) and (d) of the Prevention of Corruption Act, 1988 (hereinafter referred to as "the P.C. Act"). The prayers made in the writ petitions in paragraph 1 are as under:-

(2.) During the pendency of the writ petitions the petitioners in Cr.W.J.C. No.794 of 2011 and the petitioner in Cr.W.J.C. No. 946 of 2011 filed I.A. No.1381 of 2012 and I.A. No.1412 of 2012 respectively and prayed for quashing the order dated 26.8.2011 passed in the aforesaid case by the learned Special Judge, Vigilance, Patna whereby and whereunder he has taken cognizance of the offences alleged in the FIR. Similarly, in Cr.W.J.C. No.714 of 2011, the petitioners have brought on record the order dated 26.8.2011 taking cognizance of the offences and the order according sanction for prosecution by filing supplementary affidavit and have prayed for quashing both the orders.

(3.) Heard learned counsels for the petitioners, learned counsel for the vigilance and learned counsel for the Bihar State Electricity Board. The respondents vigilance and the Bihar State Electricity Board have filed their counter affidavit separately in each of the cases.