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2003 Supreme(Jhk) 224

D.N.PRASAD
Barnadett Karketta – Appellant
Versus
State of Jharkhand – Respondent


Advocates appeared:
For the Petitioner: Mr. Pandey Neeraj Rai.
For the Respondent: Mr. Nilesh Kumar.

Order

This application has been filed under Article 226 of the Constitution of India for quashing the entire criminal proceedings including the order taking cognizance dated 19.8.1998 in Special Case No. 35 of 1989 arising out of Kolebira P.S.Case No. 23 of 1989, pending in the court of Sri D. K. Lal, Special Judge (Vigilance), Ranchi. The petitioner further challenged the order of discharge dated 18.6.2002 passed by the Special Judge (Vigilance) Ranchi claiming to be erroneous, illegal and liable to be struck down.

2. The brief facts of the prosecution case is that on the basis of some report by farmers of Village Barasaloya made to the Deputy Development Commissioner, Gumla to the effect that the Officer and the employees of Kolebira Block Office are demanding bribe in the form of percentage for payment of money under the Scheme which has been sanctioned for construction of Well on their lands on Government subsidy. An enquiry was conducted by the District Development Officer, Gumla who after examining several persons during enquiry submitted his report on the basis of which a first information report was registered under section 161 of the Indian Penal Code and section 5 of the Pr









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