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2022 Supreme(HP) 767

VIVEK SINGH THAKUR
Ajay Kumar Gupta – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Shri Kashmir Singh Thakur, Advocate
For the Respondent:Shri Hemant Vaid, Additional Advocate General

JUDGMENT :

Vivek Singh Thakur, J.

Petitioner has approached this Court, invoking provisions of Section 438 of the Code of Criminal Procedure (for short ‘Cr.P.C.’), seeking anticipatory bail in case FIR No.4 of 2022, dated 22.9.2022, registered in Police Station State Vigilance and Anti Corruption Bureau, Shimla (for short ‘SV&ACB’), under Sections 7 & 8 of the Prevention of Corruption (Amendment) Act, 1918 (for short ‘PC Act’).

2. Status report stands filed. Record was also made available.

3. Prosecution case is that report of conversation between one Balram and Dr. Ajay Kumar Gupta (petitioner), the then Director of Health Services, Himachal Pradesh, prepared by Inquiry Officer, Deputy Superintendent of Police, SV&ACB, SIU Shimla, was sent to the Government for according necessary permission to register a regular case against Dr. Ajay Kumar Gupta. Vide communication dated 17.9.2022, necessary permission was received from Special Secretary (Personnel) to the Government of Himachal Pradesh and, accordingly, FIR No.4 of 2022 has been registered in Police Station SV&ACB, Shimla.

4. According to Status Report, during investigation of FIR No.4 of 2020, dated 20.5.2020, registered under Secti

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