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2022 Supreme(SC) 911

B. R. GAVAI, PAMIDIGHANTAM SRI NARASIMHA
Kanchan Kumar – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Sunil Kumar, Sr. Adv. Mr. Himanshu Shekhar, Adv. Mr. Parth Shekhar, Adv. Mr. Awanish Sinha, AOR
For the Respondent(s): Mr. Abhinav Mukerji, AOR

JUDGMENT :

PAMIDIGHANTAM SRI NARASIMHA, J.

1. Leave granted.

2. This appeal is against the concurrent dismissals by the Trial1 [Special Judge (Vigilance), Patna, in Special Case No. 9 of 2000 dated 28.03.2016] and the High Court2 [High Court of Judicature at Patna, in Criminal Miscellaneous No. 23031 of 2016 dated 05.10.2016] of the application for discharge filed by the Appellant under Section 227 of the Code of Criminal Procedure, 19733 [hereinafter referred to as the Cr.P.C.].

3. Facts leading to the filing of this Appeal: The Appellant joined the Bihar State Financial Corporation4 [hereinafter referred to as ‘the BSFC’] in the capacity of an Assistant General Manager on 19.07.1974. After a period of thirteen years, in 1987, a complaint came to be filed against the Appellant for having allegedly purchased three houses and two pieces of land in Bihar, which according to the complainant, was disproportionate to Appellant’s known sources of income. This complaint was inquired into, and after a detailed investigation, the allegations were found to be false. Except for a residential house in Patna, which the Appellant had purchased on 29.08.1988 for Rs. 2,26,500 with the help of a loan f


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