IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52402 of 2007 SATISH KUMAR SHUKLA Versus THE STATE OF BIHAR & ORS ----------- 4. 30.7.2008 Heard learned counsel for the petitioner and learned counsel for the Vigilance. The petitioner seeks modification of the order dated 18.9.2007 passed in Cr. W.J.C. No.713/2007, by which the writ application was dismissed. The said writ application had been filed by the petitioner in which he had made allegations of misappropriation of huge amounts of public money against several persons. This Court, on a consideration of the stand taken in the counter affidavit that the Special Judge, Vigilance, Muzaffarpur had directed the Vigilance Bureau to conduct a preliminary enquiry and submit its report, and which was already submitted before him, dismissed the writ application with the observation that the Special Judge, Vigilance, Muzaffarpur would apply his mind to the report and proceed further in accordance with law. An allegation has been made in the present application that the Dy. S.P., who had sworn the counter- affidavit, had made false statements therein and only on the basis of those false statements, the writ application was dismissed. The said statement appears to be not at all borne out by the facts stated in the order. Before this Court, learned counsel for the petitioner was unable to show any false statement having been made in the counter-affidavit. Now, an attempt was made to point 2 out that in the report submitted by the Vigilance there is factual inaccuracy. Since this Court had not gone into the merit of the case and left the same to be considered by the Special Judge, Vigilance, there was no occasion for this Court to look into the details of the report. The present application is totally misconceived and it is, accordingly, dismissed. VPS ( Ramesh Kumar Datta,J.)