SITAL PRASAD MATHUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL these three matters raise common issue having the same substratum. Cr. Misc. Nos. 14432 and 15066 of 2007, in fact, arising out of the same order dated 24.2.2007 passed in Special Case No. 22 of 1997/R.C. No. 42A of 1997 pending before the Special Judge, CBI, North Bihar, Patna whereas Cr. Misc. No. 12333/2007 arises out of Special Case No. 13 of 1997 for quashing the order dated 13.2.2007 passed by the Special Judge, CBI, North Bihar, Patna. For the said reasons the matters have been heard together and are being disposed of by this common order.

(2.) EARLIER Cr. Misc. Nos. 12333 and 14432 of 2007 had been adjourned on 23.3.2007 and 28.3.2007 for six weeks and five weeks respectively but the matter was mentioned for urgent hearing in view of the fact that the court below has refused to grant any further adjournment and has fixed the date for framing of charges on 3.4.2007. Hence the matters have been listed today to be considered and disposed of at the stage of admission itself after hearing the parties.

(3.) THE representative facts are taken from Cr. Misc. No. 14432 of 2007. The said case arises out of Naugachhia PS. Case No. 134/96 lodged at the instance of then Executive Engineer, Ganga Bridge Project, Nafuga 'chhia on 26.7.1996 in which the allegation was that for the construction of Ganga Bridge the Road Construction Department, Bihar had allotted 500 MT of bitumen which was handed over to M/s Oriental Transport for transporting it to the consignee. Ultimately it appears that 469.80 MT of bitumen was lifted by the said Transport Company from the Hindustan Petroleum Corporation Limited and had been shown as delivered but as a matter of fact, the same were not delivered. Ultimately on the order of this Court dated 20.2.1997 to take up all the matters relating to Bitumen Scam, the CBI took up the matter for investigation and adopted the same FIR lodged as Naugachhia P.S. Case No. 134/96 which was subsequently registered as R.C. No. 42(A)/97 and Special Case No. 22 of 1997.