SANJAY KUMAR BHARTIYA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The question raised in the present writ application is with regard to maintainability of prosecution for theft of electricity on basis of an F.I.R. lodged by the Vigilance Department. The question also is whether at all any offence can be said to be committed with reference to the Prevention of Corruption Act. These similar issues are apparently subject matter of Cr.W.J.C. No. 269 of 2008 that case had been admitted for hearing. By order dated 17.4.2009 passed in the present case, this case has also been admitted for final hearing and tagged along with the said case. In that case (Cr. W.J.C. No. 269 of 2008) an interim order was granted regarding no coercive steps against the petitioner of that case. Similar prayer is made in this writ petition.

(2.) Subject to petitioner's cooperating with investigating agency in matter of investigation, no further coercive steps would be taken in the matter as against the petitioner subject to such other orders that may be passed by this Court.

(3.) While doing so, I am overruling the submission of State counsel wherein it is submitted that this Court, in this writ jurisdiction lacks jurisdiction to review order passed earlier in terms of Section 362 of the Code of Criminal Procedure. The sub-mission is only noted to be rejected.