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Patna High Court

VIKAS KUMAR @ BIKASH KUMAR and ANRversusThe State Of Bihar Through The Director General Of Police, Government Of Bihar, Patna and Ors

Decided
Disposal
DISPOSED

Holding

The petition under Section 482 CrPC is disposed as the petitioners wish to withdraw it and the State has no objection.

Summary

The petitioners, Vikas Kumar and Anita Devi, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 30‑01‑2018 passed by the Special Judge, Vigilance, North Bihar, which had taken cognizance of offences under Sections 13(2) read with 13(1)(e) of the Prevention of Corruption Act, 1988 and Sections 109 and 120(b) of the Indian Penal Code. The petitioners later expressed a desire to withdraw the petition, stating they no longer wished to pursue it. The State of Bihar, represented by its Additional Public Prosecutor, raised no objection to the withdrawal. The Court, after hearing both sides, accepted the parties’ consent and disposed of the petition. Consequently, the order of the Special Judge remains undisturbed and the criminal proceedings continue as per the original order.

Issues considered

  • Whether a petition under Section 482 CrPC seeking to quash a criminal order can be withdrawn by the petitioners with the consent of the State.

Legislation cited

Subjects

  • Section 482 CrPC
  • quash order
  • Prevention of Corruption Act
  • withdrawal of petition
  • Economic Offence
  • Special Judge
  • Cognizance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.63673 of 2018
                     Arising Out of PS. Case No.-22 Year-2013 Thana- ECONOMIC OFFENCE District-
                                                       Muzaffarpur
                 ======================================================
           1.     Vikas Kumar @ Bikash Kumar son of Ramadhar Ram
           2.    Anita Devi, wife of Ramadhar Ram Both resident of Village- Birsa Nagar,
                 Chhota Bariyarpur, Police Station- Chhatauni, District- East Champaran
                 Motihari.

                                                                       ... ... Petitioner/s
                                                Versus
           1.    The State Of Bihar Through The Director General Of Police, Government
                 Of Bihar, Patna
           2.    The Inspector General of Police Economic Offence Unit, Bihar, Patna.
           3.    The Superintendent of Police Economic Offence Unit, Bihar, Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Alok Kumar @ Alok Kr Shahi, Advocate
                                                 Ms. Komal, Advocate
                 For the State           :       Smt Indu Kumari Srivastava, APP
                 For the E.O.U.          :       Mr. Vishwanath Pd. Sinha, Sr. Advocate
                                                 Mr. V.N.P. Sinha, Advocate
                                                 Mr. Vijay Anand, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   30-03-2026                      Heard learned counsel for the petitioners, learned

                   counsel for E.O.U. and learned A.P.P. for the State.

                                  2. The present petition has been filed under Section

                   482 Cr.P.C. for quashing the order dated 30.01.2018 passed by

                   the learned Special Judge, Vigilance, North Bihar, Muzaffarpur

                   in Special Case No. 18 of 2013, arising out of Economic

                   Offence P.S. Case No. 22 of 2013 by which cognizance was

                   taken against the petitioners for the offences under Sections

                   13(2) read with 13(1)(e) of the Prevention of Corruption Act,
              Patna High Court CR. MISC. No.63673 of 2018(2) dt.30-03-2026
                                                          2/2




                        1988 and Sections 109 and 120(b) of the I.PC. and further

                        directed to issue process/summon against the petitioners.

                                     3. Learned counsel for the petitioners submits that

                        petitioners do not want to press the petition and prays to dispose

                        of the same.

                                     4. Learned A.P.P. for the State has no objection to this

                        prayer of the petitioners.

                                     5. Considering the submissions of the learned

                        counsels for the parties, the present case is disposed of.



                                                (Sunil Dutta Mishra, J)
rakhi/-

U         T


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