LALU PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) BY invoking inherent power of this Court, entire criminal proceedings of R.C. Case No. 64(A)/1996, is being sought to be quashed on the ground that the prosecution, in the said case would be barred by Section 300 of the Code of Criminal Procedure, as the petitioner, on the similar allegations in which the ingredients were the same as that of the present case, has been convicted in R.C. Case No. 20(A)/1996.

(2.) THE facts, leading to the filing of this case, are that in the year 1996, when it was detected that the Officials and Staff of Animal Husbandry Department in connivance with other accused persons including high ups in the administration, have been facilitating withdrawal of money from different Treasuries of the erstwhile State of Bihar and putting the State exchequer to a great loss fraudulently, 64 cases, known as Fodder Scam Cases, were instituted at different places of the State of Bihar. After bifurcation of the State, most of the cases including the aforesaid two cases, i.e. R.C. Case No. 20(A)/1996 and R.C. Case No. 64(A)/1996, were transferred to the State of Jharkhand. The aforesaid two cases relating to fraudulent withdrawal from Chaibasa and Deoghar Treasuries, have been registered under Sections 409, 420, 467, 468, 471, 477, 477A, 201, 511 read with Section 120B of the Indian Penal Code and also under Section 13(2) read with Section 13(1)(c)(d) of the Prevention of Corruption Act. The period for which the aforesaid two cases were registered is being shown herein below: -

(3.) TO be more elaborate, the charges, which were framed in R.C. Case No. 20(A)/1996, against the petitioner and other accused persons are that during the period between 1988 to 1996 at Chaibasa, Patna, Ranchi, Bhagalpur and other places are that all the accused persons, in conspiracy with each other, did act illegally whereby false allotment letters, supply orders, bills upon which false certificate of receiving the materials were created, and then false contingent bills were prepared on the basis of which a sum of Rs. 37,70,39,743/ - was withdrawn illegally from Chaibasa Treasury. Those acts were done by the AHD Officials in connivance with the suppliers after getting protection from the high ups including petitioner, who, during the period was the Finance Minister and the Chief Minister of the State of Bihar.