IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.32967 of 2010 KISHORE KUMAR SINHA, son of Devendra Kumar, resident of village- Belahi (Nilkanth), P.S. Runni Saidpur, District- Sitamarhi, posted as Block Supply Officer (under suspension), Block- Katra, Muzaffarpur …Petitioner Versus THE STATE OF BIHAR through Additional Director General of Police (ADG), Vigilance Investigation Bureau, Bihar, Patna …Opposite Party ----------- 2/ 07.03.2011 Supplementary affidavit on behalf of the petitioner is being filed. Let it be kept with the record. Heard the parties. The petitioner has sought quashing of the order dated 18.06.2010 passed by the Special Judge (Vigilance), Muzaffarpur, in Special Case No.13 of2010 by which cognizance has been taken under section 7/13(2) read with section 13(1)(D) of Prevention of Corruption Act. It has been submitted that the petitioner has been exonerated of all the charges by the department and, therefore, the present prosecution is meaningless. Further submission is that the witnesses, who were present near the place of occurrence, were not made witnesses to the trap, but it is only other PDS Dealers, who have been cited as witnesses. Since the exoneration of the petitioner by the department does not affect the criminal prosecution as also that other arguments raised on behalf of the petitioner are factual in nature which only be adjudicated at the stage of trial, I am not inclined to interfere in the matter. The application is dismissed. JA/- (Anjana Prakash,J.)