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2021 Supreme(Jhk) 737

ANIL KUMAR CHOUDHARY
Nishat Ahmad – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. A.K. Sahani.
For the Respondent: Mrs. Priya Shrestha.

JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

1. Heard the parties through video conferencing.

2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 Cr.P.C. with a prayer to quash the entire criminal proceeding as well as order dated 04.01.2021 passed by learned Special Judge, Vigilance, Hazaribagh in Vigilance Case No. 01 of 2021 arising out of ACB P.S. Case No. 05 of 2020 whereby and whereunder, cognizance has been taken under Section 7 (a) of the Prevention of Corruption Act, 1988 as amended by Prevention of Corruption (Amendment) Act, 2018 now pending in the Court of learned Special Judge, Vigilance, Hazaribagh.

Though in the prayer portion of the petition it has been mentioned that the concerned offence is of 7 (a) of the Prevention of Corruption (Amendment) Act but perusal of the record reveals that the concerned offence involved in this case is punishable under Section 7-A of the Prevention of Corruption Act, 1988 as amended by the Prevention of Corruption (Amendment) Act, 2018, which reads as under:

    “7-A. Taking undue advantage to influence public servant by corrupt or illegal means or by exercise of personal influence - Whoever a

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