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Patna High Court

Ram Pravesh RamversusThe State Of Bihar Through The Department Of Vigilance, Government Of Bihar, Patna

Decided
Disposal
DISPOSED

Holding

The application under Section 482 is disposed of, granting the petitioner liberty to raise his points before the trial court.

Summary

Ram Pravesh filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash the vigilance case pending against him for alleged offences under Sections 7 and 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988. The petitioner argued that the matter could be disposed of while allowing him to raise all points before the trial court at the appropriate stage. The State's Additional Public Prosecutor raised no objection to the petitioner's prayer. The High Court, after hearing counsel, disposed of the application, granting the petitioner liberty to present his arguments before the trial court as prayed. Consequently, the criminal proceedings were not quashed but the application was dismissed with liberty to the petitioner.

Issues considered

  • Whether the criminal proceedings under the Prevention of Corruption Act should be quashed under Section 482 of the Cr.P.C.

Legislation cited

Subjects

  • quash
  • Section 482 CrPC
  • Prevention of Corruption Act
  • vigilance case
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.68194 of 2018
                        Arising Out of PS. Case No.-3 Year-2015 Thana- C.B.I CASE District- Patna
                 ======================================================
                 Ram Pravesh Ram S/o- Late Chetharu Ram, Resident of Village- Kulharia,
                 P.S. Durgawati, District- Kaimur Bhabhua.

                                                                                     ... ... Petitioner/s
                                                Versus
                 The State of Bihar Through the Department of Vigilance, Government of
                 Bihar, Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ramakant Ram, Advocate.
                 For the Opposite Party/s :        Mr. Anjani Kumar, L.O., I/C Vigi.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

5   09-07-2026                  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 entire criminal

                   proceedings pending against the petitioner in connection with

                   Vigilance P.S. Case No.03 of 2015 for the offences under

                   Section 7 and 13(2) read with Section 13(1)(d) of the Prevention

                   of Corruption Act, 1988.

                                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,

                   before the learned Trial Court at appropriate stage in accordance

                   with law.
              Patna High Court CR. MISC. No.68194 of 2018(5) dt.09-07-2026
                                                          2/2




                                     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 liberty to the petitioner, as

                        prayed for.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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