LAWS(PAT)-2017-2-8

ACHAL KUMAR RANA, S/O RAMDEO RANA, RESIDENT OF VILLAGE Vs. THE STATE OF BIHAR THROUGH ITS CABIN VIGILANCE DEPARTMENT, VIGILANCE INVESTIGATION BUREAU, CIRCULAR ROAD, PATNA

Decided On February 02, 2017
Achal Kumar Rana, S/O Ramdeo Rana, Resident Of Village Appellant
V/S
The State Of Bihar Through Its Cabin Vigilance Department, Vigilance Investigation Bureau, Circular Road, Patna Respondents

JUDGEMENT

(1.) This application under Sec. 482 of the Code of Criminal Procedure has been filed for quashing the order dated 06.05.2013 passed by the Special Judge, Vigilance, 1st, Patna, in Special Case No.21 of 2002 arising out of Vigilance Case No.07 of 2002, by which the Court below has rejected the petition filed by the petitioner under Sec. 227 of the Code of Criminal Procedure for his discharge.

(2.) It has been submitted on behalf of the petitioner that entire financial affairs was used to be handled by Mr. Ashok Kumar Singh, and any other person had hardly any say in the matter. Both the NGOs were pocket institutions/organisations of Sri Ashok Kumar Singh, IAS, and he had associated so many persons closed to him and taking advantage of their bona fide belief he used to do anything what he wished and no one had any say in the matter.

(3.) It has further been submitted by learned counsel that one of the co-accused, Ashok Kumar Singh, had filed Cr.W.J.C. No.352 of 2002 in this Court and a co-ordinate Bench of this Court had been pleased to quash the First Information Report against him against which order State of Bihar had filed appeal in the Supreme Court vide Criminal Appeal No.1615 of 2013, and the same was dismissed by judgment dated 09.07.2014.