JAGANNATH MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application is directed against the order dated 28.2.2000 passed by Special Judge, CBI, Patna in Special Case No.22 of 1996 whereby and whereunder prayer for discharge of the petitioner has been rejected.

(2.) THE facts leading to filing this application are that when it was detected that huge amount of money had been withdrawn from the Chaibasa Treasury on the basis of forged, fabricated and fake bills relating to supply of the medicines/materials to the Animal Husbandry Department, a case was instituted against the officials of the Animal Husbandry Department as well as Treasury and also against the suppliers. Subsequently investigation of the case was taken over by the CBI, who registered it as R.C.20(A) of 1996.

(3.) THEREAFTER when the cognizance of the offence was taken by the Special Judge, petition for discharge was filed on behalf of the petitioner wherein several grounds were taken including the ground that Governor is not the competent authority to grant sanction for prosecution of the petitioner, who at the relevant point of time was the member of the Rajya Sabha and that the Governor without any aid and advice of the Council of Ministers cannot take decision with respect to grant of sanction for prosecution. However, the learned trial court rejected the prayer for discharge after holding that there appears to be sufficient grounds for presuming that the petitioner has committed offence.