Patna High Court
Pankaj KumarversusThe State Of Bihar Through The Vigilance, North Bihar, Muzaffarpur and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The order of the Special Judge dismissing the complaint for want of sanction may be set aside, and the petitioner is granted liberty to raise his points before the trial court.
Summary
The petitioner, Pankaj Kumar, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 24‑03‑2018 passed by the Special Judge, Vigilance, North Bihar, which had dismissed Complaint Case No. 46 of 2017 on the ground of lack of sanction. The petitioner argued that the order should be set aside and that he should be allowed to raise all points raised in his petition before the trial court at the appropriate stage. The State, represented by the Additional Public Prosecutor, raised no objection to the petitioner's prayer. The Court examined the submissions and, noting the absence of any opposition, decided to dispose of the application. Consequently, the Court granted the petitioner liberty to take all points before the trial court as prayed for, effectively allowing the petition to proceed without the earlier dismissal order.
Issues considered
- Whether the order of the Special Judge dismissing the complaint for want of sanction can be quashed under Section 482 of the Criminal Procedure Code.
- Whether the petitioner should be granted liberty to raise his points before the trial court despite the earlier dismissal.
Legislation cited
- Criminal Procedure Code — s. 482
Subjects
- Section 482
- quash order
- sanction
- vigilance
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36732 of 2018
Arising Out of PS. Case No.-46 Year-2017 Thana- MUZFFARPUR COMPLAINT CASE
District- Muzaffarpur
======================================================
Pankaj Kumar S/o Late Badhishth Narayan Choudhary, R/o Vill.- Bhatauliya,
P.S.- Saraiya, District- Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar Through The Vigilance, North Bihar, Muzaffarpur.
2. Ravindra Kumar, Director Vigilance Bureau, Circle Road, P.S.- Secretariat,
District- Patna.
3. Suresh Prasad Choudhary, Superintendent of Police, Vigilance Bureau,
Circle Road, P.S. Secretariat, District Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Ranjan, Advocate.
For the Opposite Party/s : Mr. Anil Singh, Inc.Vigi.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
9 02-07-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The present Cr. Misc. Application has been filed
under Section 482 of Cr.P.C. for quashing the order dated
24.03.2018 passed by learned Special Judge, Vigilance, North
Bihar, Muzaffarpur in connection with Complaint Case No.46 of
2017 by which the complaint was dismissed on the ground of
want of sanction.
3. After some argument, learned counsel for the
petitioner submits that this case may be disposed of with liberty
to the petitioner to take all the points as raised in the petition,
Patna High Court CR. MISC. No.36732 of 2018(9) dt.02-07-2026
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before the learned Trial Court at appropriate stage in accordance
with law.
4. Learned APP for the State has no objection to this
prayer of the petitioner.
5. In view of the above, the present Cr. Misc.
Application is disposed of with the liberty to the petitioner, as
prayed for.
(Sunil Dutta Mishra, J)
Ritik/-
U T
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