STATE OF BIHAR Vs. HARDWAR PANDEY

JUDGEMENT

(1.) This is an application under section 482 of the Code of Criminal Procedure, 1973, (hereinafter to be referred to as the Code') against the order of Chief Judicial Magistrate, Patna, dated 13.6.1978 as well as the order dated 16.6.78, said to be contained in Annexures 1 and 2 respectively to the petition (it may be stated that although the copies have been annexed to the petition as anncxures, they have not been marked as such). This application has been filed by the State of Bihar through Batkeshwar Chandra Verma, Deputy Superintendent of Police, Vigilance Department, Government of Bihar against the only opposite-party, Hardwar Pandey, the accused in the case.

(2.) The opposite-party is an accused in a case under section 5(1) (e) of the Prevention of Corruption Act, being Vigilance P. S. Case no. 37(4)78. The impugned orders were passed in course of investigation which is still pending.

(3.) Since the State was the applicant in this case, after hearing learned counsel for the petitioner, I thought it advisable and in the interest of justice to notice the opposite party to show cause as to why the application should not bo admitted. This procedure adopted by mo is also in accordance with tho practice under which notice is given to the Public Prosecutor in the High Court when similar applications are tiled by tho private parties against the State. Notice was accepted on behalf of the opposite party on the same day in court and the case was adjourned to the following day for hearing of the admission matter. On that day after hearing learned counsel for both parties. It considered it expedient and advisable to call for the record of the Court of the Chief Judicial Magistrate, Patna, on receipt of which the matter was heard today, (11.7.1978).