SRIDHAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Petitioner has prayed for quashing of the order dated 1.7.2010 passed by the Special Judge, CBI, North Bihar, Patna in Special Case No. 8/97/RC Case No. 21(A)/97 by which he has refused to discharge the Petitioner.

(2.) The case of the prosecution is that in the financial year 1993 to 1995-96 three supply orders of bulk bitumen for RCD, Siwan had been issued by the Engineer-in-Chief-cum-Additional Special Secretary, RCD, Bihar. The three were numbered as Supply Order No. 6946 dated 18.11.1993 for 9 Metric Tonnes, Supply Order No. 4809 dated 23.7.1995 for 500 Metric Tonnes and Supply Order No. 4199 dated 17.8.1995 for 400 Metric Tonnes. The Petitioner happened to be the Executive Engineer at Siwan between 18.7.1995 to 29.4.1996. He was not named in the First Information Report. Subsequently three charge-sheets were submitted in the case. In the first charge-sheet numbered as 2/2003 seven persons (excluding Petitioner) were sent up for trial. This was with regard to Supply Order No. 6946 dated 23.10.2003. The second charge-sheet and third charge-sheet both numbered as charge-sheet No. 1/2005 were submitted on 19.1.2005 with regard to Supply Orders No. 4809 and 4199 in which the Petitioner was sent up alongwith other co-accused persons.

(3.) The charge-sheet with regard to Supply Order No. 4809 contains the following allegations: