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2025 DAILYLAW 8909 (JHR)

RAM NARESH RAM v. THE STATE OF JHARKHAND THROUGH VIGILANCE ACB

Cr.M.P./835/2022 · 2025-07-11

Sujit Narayan Prasad

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Judgment text

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2025:JHHC:18825 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.835 of 2022 ------ Ram Naresh Ram @ Ram Naresh Kumar, aged about 41 years, son of Sri Ganauri Ram, resident of village: Semari, P. & P.S: Patan, Dist: Palamau (Jharkhand) …. …. Petitioner Versus The State of Jharkhand through Vigilance/ACB .... .... Opp. Party CORAM : HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD ------ For the Petitioner : Mr. Mahesh Tewari, Advocate For the Opp. Party : Mr. Vineet Kr. Vashistha, Spl. P.P. ------ 06/Dated: 11.07.2025 1. Heard Mr. Mahesh Tewari, learned counsel for the petitioner and Mr. Vineet Kr. Vashistha, learned Spl. P.P. for the Opp. Party-State. 2. The instant case has been filed challenging the order dated 13.11.2019 by which the objection raised by the petitioner by an application dated 10.07.2017 under Section 19 of the P.C. Act has been rejected as becoming infructuous in Vigilance Case NO.05 of 2017 arising out of ACB Hazaribag P.S. Case No.12 of 2016. 3. The ground has been taken that sanction has been taken belatedly and not by the competent authority. 4. Mr. Vineet Kr. Vashistha, learned Spl. P.P. for the State-Opp. Party has submitted that since it is not a case of cognizance having been taken without any sanction, rather, it is a case of questioning the validity of the authority who has accorded sanction. 2025:JHHC:18825 2 5. The said aspect of the matter can only be agitated by the accused person in course of trial by leading evidence by putting question to the authority who has accorded sanction. 6. Upon this, Mr. Tewari, learned counsel for the petitioner has submitted that he may be given liberty to raise all the available legal issues at the appropriate stage for its consideration by the learned trial Court. 7. Considering the same, the instant petition stands disposed of with liberty to the petitioner to raise all the available legal issues on the issue of sanction at the appropriate stage for its consideration in accordance with law by the learned trial Court. (Sujit Narayan Prasad, J.) Rohit/-