RAM HARSH DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) In both cases, some of the points involved are common and as such they have been heard together and are being disposed of by this common judgment.

(2.) The petitioner in Cr. Misc. No. 7878 of 1996 is Ram Harsh Das and he has filed this application for quashing the order dated 12.4.1996, passed by the Special Judge, South Bihar, Patna in Crime No. R.C. 43/86, Special Case No. 79/86, taking cognizance under Sections 120-B, 420, 409, 477-A of the Indian Penal Code (in short 'I.P.C.') and 5(2), read with Section 5(1)(c) & (d) of the Prevention of Corruption Act, 1947, corresponding to Section 13(2), read with 13(l)(c) and (d) of the Prevention of Corruption Act, 1988.

(3.) Ajit Dutt is petitioner in Cr. Misc. No. 13551 of 1996. Initially, he filed the application for quashing the order dated 14.6.1996, passed by the Special Judge, South Bihar, Patna, in Special Case No. 81 of 1986, R.G. Case No. 45/86, by which, he rejected the prayer of the petitioner to recall the warrant of arrest issued against him and also rejected the prayer of the petitioner to dispense with his personal appearance and permit him to appear through Advocate as provided under Section 205 of the Code of Criminal Procedure (hereinafter referred to as 'the Code'). Later on, he also challenged the order dated 12.4.1996, by which cognizance has been taken under Sections 120-B, 420, 468, 471 and 477 of the I.P.C., read with Section 5(1) of the Prevention of Corruption Act, 1947, corresponding to Section 13(1)(c) & (d), read with Section 13(A) of the Prevention of Corruption Act, 1988. 3. The Government of Bihar in the year 1986 received a complaint about large scale bungling and manipulation in the purchase of articles by the Police Department of the State of Bihar and, accordingly, requested to Government of India vide letter dated 5.3.1986, to get the case investigated by the Central Bureau of Investigation (in short 'C.B.I.'), S.P.E. and, thereafter, several first information reports were lodged on 13.11.1986 and the same were forwarded to the Special Judge, South Bihar, C.B.I., Patna.