SHYAM SUNDER SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties through Video Conferencing.

(2.) Learned counsel for the petitioners submits that so far as the Cr.M.P. No. 395 of 2008 is concerned, in view of the subsequent development in the case, and challenges made in Cr.M.P. No. 547 of 2010 by same petitioners in respect of the same case, the prayer made in Cr.M.P. No. 395 of 2008 has become infructuous. In view of the submission made by the learned counsel for the petitioner, Criminal Miscellaneous Petition No. 395 of 2008 is dismissed as infructuous.

(3.) So far as Cr.M.P. No. 547 of 2010 is concerned, it is submitted by learned counsel for the petitioners that originally the criminal miscellaneous petition was filed with the prayer to quash the order dtd. 18/12/2009 passed by learned Special Judge, Vigilance, Ranchi in Special Case No. 6A of 1999 arising out of Vigilance P.S. case no. 29 of 1999 whereby and whereunder, even after acceptance of the final 2 Cr.M.P. No. 395 of 2008 with Cr.M.P. No 547 of 2010. form, learned Special Judge ordered for further investigation in the case. It is next submitted by learned counsel for the petitioners that during pendency of the case, charge sheet was submitted and Sanction for prosecution, which earlier was refused by the competent authority, has subsequently been granted hence, vide order dtd. 31/8/2018 in this Cr.M.P. No. 547 of 2010, the petitioners were permitted to make additional prayer for quashing the sanction order dtd. 2/6/2010 as well as the charge sheet dtd. 31/12/2013 and during the pendency of this case, the cognizance has also been taken by learned Special Judge, Vigilance, Ranchi and vide order dtd. 10/12/2021, this court allowed IA no. 5435 of 2021, which was filed with a prayer to allow the prayer of the petitioners to incorporate the additional prayer of quashing the order taking cognizance dtd. 1/2/2021 passed by learned Special Judge, Vigilance (Special), Ranchi in Special Case No. 06(A) of 1999 as well as directing issuance of summons to the petitioners under Sec. 204 of Cr.P.C.