Rakesh Ranjan Prasad, J. - (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: - "(a) R.C. Case No. 20(A)/1996 - for the period from 01/04/1994 to 31/01/1995, relates to Chaibasa Treasury. (b) R.C. Case No. 64(A)/1996 - for the period from 1990 - 1994 relates to Deoghar Treasury." The aforesaid two cases were lodged on the allegation that the accused persons -officials and staff of the Department of Animal Husbandry, Bihar, in connivance with the suppliers did illegal acts by creating forged allotment letters, false supply orders and the bills, upon which false certificate of receiving the materials were given, and then false contingent bills were drawn and even the falsification of the documents were made and on the basis of which huge money to the extent of Rs. 37,70,39,743/ - was withdrawn from Chaibasa Treasury, whereas a sum of Rs. 89,27,164.15/ - was withdrawn from Deoghar Treasury, which was beyond allocation of the fund, knowledge of which was there to high officials including the petitioner, who, during 1990 -1994 was the Member of Parliament, Finance Minister and the Chief Minister of the State of Bihar, but they did not do anything purposely to facilitate the other co -accused to withdraw the money fraudulently and not only that they did certain acts to protect them so that they may not be prosecuted. After investigation, charge sheets were submitted in both the aforesaid cases against the accused persons including the petitioner, who was not the FIR named accused. Upon cognizance being taken, charges were framed in R.C. Case No. 20(A)/1996, under Section 120B read with Sections 409, 420, 467, 468, 471, 477A of the Indian Penal Code and also under Section 13(2) read with Section 13(1)(c)(d) of the Prevention of Corruption Act, 1988, whereas charges were framed in R.C. Case No. 64(A)/1996, under Section 120B read with Sections 409, 418, 420, 467, 468, 471, 477A, 201 and 511 of the Indian Penal Code and also under Section 13(2) read with Section 13(1)(c)(d) of the Prevention of Corruption Act, 1988.
(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. Further the petitioner was charged with the accusation that while holding the aforesaid posts, the petitioner, who had knowledge of illegal withdrawal, did not do anything to check it, rather the petitioner extended the services and promoted the AHD Officials, who had indulged themselves in the said nefarious activities and in this manner he had had close nexus with the AHD Officials, who, in conspiracy with the suppliers did draw the money illegally from the Chaibasa Treasury and in lieu of that the petitioner was paid money by S.B. Sinha, the King -pin of the Scam and also received hospitality from other scamsters .;