LALU PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two petitions have been filed under Section 482 of the Code of Criminal Procedure, 1973 against the order dated 9-6-2000 passed by the Special Judge, CBI, Patna in Special Case No. 5/98, whereby the petitions filed by the petitioners for their discharge have been rejected and charges have been framed for the offences under Section 13(2) read with Section 13(l)(e) of the Prevention of Corruption Act, 1988, hereinafter referred to as the 1988 Act, against Sri Lalu Prasad, hereinafter referred to as Sri Prasad, petitioner in Cr. Misc. No. 14894/2000, and under Section 109, IPC read with Section 13(2) read with Section 13(l)(e) of the P.C. Act against Smt. Rabri Devi, petitioner in Cr. Misc. No. 14895/2000.

(2.) Before we deal with the respective contentions of the parties, it would be appropriate to take note of certain relevant facts. On 19th February, 1996, the State Government In supersession of all previous Notifications issued a Notification under Section 6 of the Delhi Special Police Establishment Act, 1946 and thereby granted consent to all members of the Delhi Special Police Establishment (CBI) to exercise powers and jurisdiction under the Delhi Special Police Establishment Act, 1946 for the whole of the State of Bihar in respect of investigation of, inter alia, offences punishable under the Prevention of Corruption Act, 1947 with a proviso that where the public servant employed in connection with, inter alia, the affairs of the Government of Bihar in relation to offences under said Act, prior consent of the State Government shall be obtained.

(3.) On 11th March, 1996, a Division Bench of this Court in the case of Sushil Kumar Modi v. The State of Bihar (1996) 1 Pat LJR 561, directed the Central Bureau of Investigation, hereinafter referred to as 'the CBI', to inquire and scrutinize all cases of excess drawals and expenditure in the Department of Animal Husbandry in the State of Bihar during the period 1977-78 to 1995- 1996 and to lodge cases where the drawals are found to be fraudulent in character and to take the investigation in those cases to its logical end, as early as possible preferably within four months and suspended the investigations by the State Police in the cases already instituted, taking into consideration the Notification dated 19th February 1996.