- (1.) THE petitioners were arrayed as accused to face charges under Sections 409, 420, 467, 468, 477 -A and 120 -B of the Indian Penal Code as well as under Section 13(2) read with Section 13(l) (c) and (d) of the Prevention of Corruption Act, 1988.
(2.) THE allegation, in short, against the petitioners is that in between 1990 -91 and 1994 -95, the accused in the crime entered into a criminal conspiracy and in furtherance of such criminal conspiracy cheated the Government of Bihar to a tune of Rs. one crore by showing bogus supplies against fake bills submitted by private suppliers and further an amount of Rs. 75,21,800/ -, which was allotted to the office of the Project Officer Frozen Seman Bank, Hotwar, Ranchi was misappropriated by manipulating documents. The trial proceeded and the witnesses were examined. The prosecution was closed. The petitioners thereafter filed a petition under Section 319. Cr PC with a prayer that PWs -13, 18, 30 and 41 have to be arrayed as accused in view of the some of the admissions made by them in their evidences. The learned trial Judge dismissed the petition. The said order is being challenged in this revision. The learned counsel appearing for the petitioners, relying upon the evidence of the witnesses to whom the petitioners wanted to be arrayed as accused, submits that since they have admitted that the bogus bills were processed and typed on forged documents at the instance of the petitioners, they must also be made as accused, as it is a case of conspiracy.
(3.) I have heard Mr. Rajesh Kumar, counsel appearing for the C.B.I, and perused the order.;