SHREE NATH MISHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Mr. Prabhat Kumar Sinha, learned S.C. IV appearing for the respondents-State has submitted that matter may be disposed of in view of the judgment rendered by Hon'ble Apex Court in the case of Rang Nath Mishra Vrs. State of Uttar Pradesh and Ors.,reported in (2015) 8 SCC 117, since the order passed by the Lokayukta dated 25.04.2013 in connection with case no. 01/LOK (Health)/06/2006 is under challenge, whereby and whereunder the order has been passed by making recommendation for lodging of F.I.R against the writ petitioner.

(2.) He has further submitted that since the F.I.R. has already been lodged, as such even if the order passed by the Lokayukta is quashed no material change will come as now everything will depend upon the investigation in connection with Borioya P.S. Case No. 246 of 2013 dated 26.07.2013.

(3.) This Court, having heard learned counsel for the respondents-State and going across the order passed by the Lokayukta, which is under challenge as also considering the fact that in pursuance to order passed by the Lokayukta, F.I.R has already been instituted, being Borioya P.S. Case No. 246 of 2013 dated 26.07.2013, is of the view that principles laid down in the case of Rang Nath Mishra Vrs. State of Uttar Pradesh and Ors. (supra), is applicable in the case of the petitioner.