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2020 Supreme(SC) 328

A.M.KHANWILKAR, DINESH MAHESHWARI
Kanwal Tanuj – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Appellant :Mridula Ray Bharadwaj Advocate
For the Respondent:Arvind Kumar Sharma, Niranjana Singh Advocates

JUDGMENT

A.M. Khanwilkar, J.

Leave granted.

2. This appeal emanates from the judgment and order dated 17.9.2018 passed by the High Court of Judicature at Patna (for short, "the High Court") in Criminal Writ Jurisdiction Case (CWJC) No. 879/2018, whereby the writ petition filed by the appellant for quashing of first information report (FIR) being R.C. A.C.-I, 2018A 0002 dated 21.2.2018 registered by the Central Bureau of Investigation (for short, "the CBI") under Sections 120B, 420, 467, 468 and 471 of the Indian Penal Code (for short," the IPC") read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 (for short, "the PC Act") came to be rejected.

3. The principal ground canvassed by the appellant before the High Court was that he being an officer of the Indian Administrative Service (IAS) employed in connection with the affairs of the Government of Bihar as District Magistrate at Aurangabad District (State of Bihar) could not be subjected to investigation by the CBI without the prior consent of the State.

4. The appellant has been named as an accused alongwith one Shri C. Sivakumar, CEO, Bhartiya Rail Bijli Company Limited (for short, "BRBCL"), Nabinagar, District Aurangaba


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