DR. JITENDRA GUPTA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Should the High Court in exercise of its powers, under Article 226 of the Constitution read with Section 482 code of Criminal Procedure, set aside and quash the First Information Report (in short, FIR) as well as the investigation, which commences pursuant to the FIR, which alleges existence of circumstances indicating possibilities of commission of cognizable offences? This is the basic question, which this case has raised.

(2.) By making this application under Article 226 of the Constitution read with Section 482 of the Code of Criminal Procedure (in short, the Code) the petitioner has approached this Court seeking order (s) setting aside and quashing the FIR, which has resulted into registration of Vigilance Police Case No. 67/2016, under Sections 7/8/13 (2) read with Section 13 (1) (d) of the Prevention of Corruption Act, against the petitioner.

(3.) The First Information Report, which is under challenge, discloses, in brief, thus: