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2009 Supreme(SC) 100

D.K.JAIN, R.M.LODHA
Vakil Prasad Singh – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Appellant :Akhilesh Kumar Pandey and Ms. Shaini Chandra, Advocates.
For the Respondent:Manish Kumar and Gopal Singh, Advocate.

JUDGMENT

D.K. Jain, J. —

1. Leave granted.

2. Challenge in this appeal is to the order dated 9th July, 2007 passed by the High Court of Judicature at Patna in Criminal Miscellaneous No.17513 of 1998. By the impugned order, the High Court has dismissed the petition preferred by the appellant under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘the Cr.P.C.’), seeking quashing of proceedings pending against him in Special Case No. 29 of 1987 before the Special Judge, Muzaffarpur for allegedly committing offences under Sections 161 (before its omission by Act 30/2001), 109 and 120B of the Indian Penal Code, 1860 (for short ‘the I.P.C.’) and Section 5(2) of the Prevention of Corruption Act, 1947 (for short ‘the Act’).

3. The case has a chequered history and, therefore, in order to appreciate the rival stands of the parties, it would be necessary to notice the background facts in a little greater detail.

The genesis of the case dates back to 8th April, 1981 when a search operation was conducted by the office of the Superintendent of Police, Crime Investigation Department, (Vigilance), Muzaffarpur, on the basis of a complaint lodged by a civil contractor against the appel















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