MRITUNJAY KUMAR SINGH SON OF LATE JITENDRA PRASAD SINGH Vs. STATE OF BIHAR THROUGH PRINCIPAL SECRETARY

JUDGEMENT

(1.) Heard learned counsel for the appellant as well as learned AAG-4 over I.A. No. 1669/2018 whereby and whereunder, a prayer has been made on behalf of appellant to condone delay as provided under Section 5 of the Limitation Act and further, appeal be entertained which has been filed against order dated 17.01.2018 passed by Additional Sessions Judge-10th -cum-Authorized Officer, Court No.II, Vigilance Patna in Special Case No. 03/2015 arising out of Vigilance PS Case No. 1/13/SVU, Patna under Section 13(2) read with 13(1)(e) of the P.C. Act, 1988.

(2.) Before coming to the main issue, it looks necessary to incorporate the intermediary event to the extent as necessary for the disposal of present interlocutory matter. The order dated 17.01.2018 passed under Section 15 of Bihar Special Courts Act, 2009 (henceforth "Act") was to be challenged under Cr. Writ which has already been preferred and placed vide Token No. 41023/2018 but was not pursued as, in identical case, Criminal Writ petition was converted into an appeal. That being so, it has been brought under Miscellaneous Appeal No. 395/2018 at the behest of appellant and the same has come up before the Bench and considering the relevant provision, more particularly, Section 17 of the Act. Vide order dated 24.05.2018, it was directed to convert the Miscellaneous Appeal as Criminal Appeal, consequent thereupon, instant appeal has been registered. It is further evident from the judgment impugned that on the following day of judgment, that means to say on 18.01.2018, application was filed for issuance of certified copy which was complied with by the learned lower court on 05.04.2018, after lapse of 2 months 13 days without any cogent reason whereupon it was ready to be delivered on 06.04.2018 on which date, it was received by the appellant.

(3.) The present appeal relates with an order under Section 15 of the Bihar Special Courts Act, 2009 (hereinafter referred to as an "Act") on a petition filed by the State in pursuance of Section 13 of the Act. Order happens to be appealable under Section 17 of the Act.