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2019 Supreme(Pat) 1798

BIRENDRA KUMAR
SARYUG KUMAR – Appellant
Versus
STATE OF BIHAR THROUGH CABINET VIGILANCE, PATNA – Respondent


Advocates Appeared:
Ajay Kumar Thakur, Adv., Sanjay Sinha, Adv., Sayed Mohammad, Adv., Shabbir Alam, Adv., Anjani Kumar, Adv., Amit Kumar Jha, Adv.

JUDGMENT/ORDER :

Birendra Kumar, J.

Heard learned counsel for the parties.

2. The petitioner has sought for quashment of order of cognizance dated 15.03.2016 passed by learned Special Judge, Vigilance-II, Patna, in Vigilance Police Station Case No.46 of 2015, corresponding to Special Case No.9 of 2015, whereby cognizance has been taken against the petitioner for the offences under Sections 7/13(2) read with Section 13(1)(d) of the Prevention of Corruption Act,1988.

3. The prosecution case is that informant Amrit Kumar Singh gave a written complaint to the Superintendent of Police, Vigilance Investigation Bureau, Patna, alleging therein that the informant is a regular student of the Temple of Hahnemann Homeopathic Medical College and Hospital, Munger (hereinafter referred to as 'THH College') where the petitioner was In-Charge Principal. The informant passed in theory papers for four and half years of Bachelor of Medicine and Surgery in the year 2013. Thereafter, the petitioner joined the House Surgeon-ship on 16.05.2014 and the House Surgeonship completed on 16.05.2015. Allegation

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