LAKSHMI SHANKAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) We have heard Shri Basudev Prasad, Senior Counsel appearing on behalf of the petitioner and Sri Bibhuti Pandey, learned counsel appearing on behalf of the respondents on the petition at flag *B' in which prayer has been made for ordering the stay of further proceedings in Vigilance Case No. 47 of 1986 (Special Case No. 26 of 1986) pending before the Special Judge, North Bihar, Patna, till the final hearing of the writ petition.

(2.) The petition had been filed in the following background. The petitioner filed the writ petition for quashing of the First Information Report in the aforementioned case which was registered for the offences punishable under Sections 420, 468, 471, 409 and 120 of the Indian Penal Code and various sections of the Prevention of Corruption Act, 1947.

(3.) An order was passed on 7-1-1993 quashing the First Information Report on the ground that no final form had been submitted for six years and sanction for prosecution had not been given by the Law Department. Against the order dated 7-1-1993 the respondent-State filed SLP (Cr) No. 2737 of 1993 giving rise to Criminal Appeal No. 529 of 1994 before the Supreme Court. The Apex Court had set aside the order of the High Court dated 7-1-1993. The order of the Apex Court reads as follows :