KAMLESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant petition has been filed under Sec. 482 Cr.P.C. for quashing the order taking cognizance dtd. 31/5/2002 passed in Complaint Case C. III 85 of 2002 corresponding to FERA/FEMA 2/02 by which the cognizance for the offence under Ss. 56 r/w Ss. 49(3) and (4) of the Foreign Exchange Management Act, 1999 for contravention of the provisions of Sec. 9(i)(i)(a) and 9(b)(i) r/w Sec. 64(2) of the Foreign Exchange Regulation Act has been taken including the order dtd. 6/4/2023 by which the application filed under Sec. 245(2) Cr.P.C. has been rejected with all subsequent proceeding holding it to be illegal and without jurisdiction.

(2.) The prosecution case, as it appears from the complaint filed by the prosecution stating therein that in pursuance to the orders passed by the Hon'ble High Court on 11/3/1996 and judgment of the Hon'ble Supreme Court dtd. 19/3/1996, the CBI, Patna Branch took the investigation of Doranda P.S. Case No. 50/1996 (RC Case No. 55/96) under Ss. 1208, 409, 420, 467, 468, 472, 471 and 420 IPC and Sec. 13 (2) read with Sec. 13 (1) and (d) of the Prevention of Corruption Act, 1988. It has been alleged that Dr. K.M. Prasad in conspiracy with others defrauded the government to the extent of Rs.7,09,92,000.00 during the period 1980-1990 on the basis of fake allotment letters purportedly issued by the Director of Animal Husbandry, Govt. of Bihar for the purpose of medicines. As a matter of fact fake supplies were shown by the suppliers and the money was withdrawn on the basis of such fake allotment order was misappropriated by the accused persons.

(3.) It has further been stated that during the course of investigation, it was transpired that Dr. K.M. Prasad is also involved in RC Case No. 4A/96, which case is also under investigation and the amount defrauded in the above case is to the extent of Rs.19,81,66,460.00 approx. as reported in the FIR. The investigation has also revealed that Dr. K.M. Prasad has acquired huge immovable and movable property in his own name and in the name of his children and other at different places.