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1996 Supreme(Pat) 155

S.K.CHATTOPADHYAYA
Brij Kishore Jhawar – Appellant
Versus
State Of Bihar – Respondent


Judgment

S. K. Chattopadhyaya, J.

1. Invoking the jurisdiction of the High Court under Articles 226 and 227 of the Constitution of India, the petitioners have prayed for quashing the entire proceeding as well as the investigation and order issuing warrant of arrest arising out of patna Vigilance PS Case no.5/89, now pending in the court of the Special Judge (Vigilance), Ranchi.

2. As both the writ petitions arise out of the same FIR and similar points are involved, they have been heard together and they will be governed by this common judgment.

3. During the course of hearing an english translation of the First Information report was submitted on behalf of the petitioners from persual of which it appears that one Mohan Rajak, Deputy Superintendent of Police, cid (Vigilance) of the Bihar state Electricity Board (shortly the Board), opposite party no.2, lodged an FIR on 16.6.89. It was expressly averred therein that the petitioners, Brij Kishore Jhawar as the owner and O. P Kapila as the Chief Executive Officer of the Usha Alloy Steel Ltd. , in connivance with the officers of the electricity Board, motivated manipulation in reading of the meter situated within the premises of the cons












































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