RABINDRA KUMAR RANA Vs. STATE THROUGH CBI

JUDGEMENT

(1.) THIS is an application under Section 482 of the Code of Criminal Procedure for quashing the order dated 13 -12 -2001, whereby and whereunder the learned Special Judge took cognizance for the offences under Sections 409, 420, 467, 468, 471, 477 and 120 -B IPC and 13(ii) read with 13(i)(d) of the Prevention of Corruption Act against the accused -persons including the petitioner in R.C. Case No. 68 (A)/96.

(2.) THIS case relates to Chaibasa Treasure and it was detected during investigation that the accused -persons under deep criminal conspiracy, fraudulently withdrew sum of Rs. 37,62,79,883/ - from the District Treasury and misappropriate the amount against supply of materials to the Animal Husbandry Department without submitting bills and also be submitting forged and fabricated documents.

(3.) ON the other hand, the learned Counsel appearing on behalf of the CBI contended before me that there is no illegality in the order for taking cognizance as the learned Court below rightly took cognizance and the Speaker has also given the permission for prosecution as against the petitioner by order dated 10 -1 -2002. It is further submitted that the sanction can be availed even at the time of final hearing of the case and it does not be construed as condition precedent during the time of taking cognizance.