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PATNA HIGH COURT
HONOURABLE MR. CHANDRA SHEKHAR JHA, J
AMITABH KUMAR – Appellant
Versus
THE STATE OF BIHAR THROUGH ECONOMIC OFFENCE UNIT, PATNA BIHAR – Respondent
| Table of Content |
|---|
| 1. presentation of case and background facts. (Para 1 , 2 , 3) |
| 2. arguments by petitioner highlighting flaws in prosecution. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. arguments by e.o.u. regarding basis for arrest. (Para 13 , 14 , 15 , 16 , 17 , 18) |
| 4. counterarguments and case law regarding the validity of prosecution. (Para 19 , 20 , 21 , 22) |
| 5. judicial determination of issues surrounding exoneration. (Para 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 34) |
| 6. analysis of departmental proceedings concerning criminal prosecution. (Para 35 , 36 , 37 , 38) |
| 7. final decision on the petition for quashing. (Para 39 , 40 , 41) |
CAV JUDGMENT
Date : 14-07-2025
Heard learned senior counsel for the petitioner and learned counsel for the respondents.
2. The present petition has been preferred under Section 482 of the Code of Criminal Procedure (in short Cr.P.C.) to quash the order dated 17.03.2023 passed in Special Case No. 353 of 2017, arising out of EOU P.S. Case No. 17 of 2017, where learned Special Judge Vigilance, Patna, took cognizance for the offence punishable under Section 13 (1)(e) of the Prevention of Corruption Act, 1988 .
3. The prosecution story as it appears fr
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