BRIJ KISHORE JHAWAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Gopal Subramanium, learned Sr. Counsel for the petitioner and Mr. P.D. Agrawal, learned GP II for the respondents and with their consent both the review applications are being disposed of by this common order at this stage itself.

(2.) Though in both these applications a common prayer has been made to review the judgment dated 12.3.96 passed in Cr. WJC Nos. 90 of 1989 (R) 91 of 1989 (R), the petitioners are different whereas in Review application No. 1/96 (R) petitioner is Brij Kishore Jhawar, in Review application No. 2/96 (R) Om Prakesh Kapila is the petitioner. They have prayed for reviewing the judgment and order dt. 12.3.96 Reported in (1997) 1 BLJR 433 passed in aforesaid writ applications and to restore the same on Board and, therefore, allowing the said review applications by quashing the proceeding in Special Case No. 30/89 pending before the Special Judge (Vigilance) Ranchi arising out of Patna Vigilance P.S. Case No. 5/89 under Section 409, 420, 471, 120-B and 221 of the Indian Penal Code read with Section 13(2) of the Prevention of Corporation Act and Sections 39 and 39-A of the Indian Electricity Act. Further prayer has been made to stay all further proceedings in the said criminal case and also to restore the interim order dated 4.8.89 passed in the aforesaid writ application.

(3.) By aforesaid two criminal writ applications, the petitioners moved this Court for quashing the entire proceeding as well as the investigation and also the order issuing warrant of arrest. By order dated 4.4.89 the said writ applications was admitted for hearing and interim protection was granted. Subsequently the matter was heard on merit and by judgment dated 12.3.96 the both the writ applications were dismissed.