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2018 Supreme(Pat) 1288

ASHWANI KUMAR SINGH
Ravindra Kumar Singh – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Appellant : Mr. Ravi Ranjan.
For the Respondent: Mr. Jharkhandi Upadhyay.

JUDGMENT :

Ashwani Kumar Singh, J.

1. Heard learned counsel for the petitioner and learned counsel for the State.

2. This application under section 482 of the Code of Criminal Procedure, 1973 has been filed by the petitioner for quashing the order dated 15.07.2017 passed by the learned Special Judge, Vigilance, North Bihar, Muzaffarpur in Complaint Case No. 74 of 2015 by which he has dropped the proceedings in the light of the judgment passed by the Supreme Court in Anil Kumar vs. M.K. Aiyappa, (2013) 10 SCC 705 as well as the order passed by this Court in Sakaldeo Paswan vs. State of Bihar through D.G. Vigilance and Another, 2015 (3) PLJR 790 and Manoj Kumar Rajak vs. State of Bihar through I.G. of Police, Vigilance Department Passed in Cr. Misc. No. 880 of 2016 dated 15.02.2017.

3. Learned counsel for the petitioner submitted that the order impugned is bad in law as also on facts. He submitted that the court below has wrongly appreciated the judgment passed by the Supreme Court in Anil Kumar vs. M.K. Aiyappa (Supra) and of this Court in Sakaldeo Paswan vs. State of Bihar (Supra). The opposite party no. 2 was appointed as the Deputy Superintendent of Police in 1994 and was posted at d






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