- (1.) THIS application under section 482 of the Code of Criminal Procedure has been filed on behalf of the CBI praying therein to expunge certain remarks made by learned Special Judge, CBI while passing the order dated 15.9.2007 in R.C. No. 39(A) of 1996 -Pat. whereby the court suo motu summoned certain persons under section 319 of the Code of Criminal Procedure to face trial along with other persons on the basis of -evidences appearing on the record.
(2.) BEFORE coming to the matter the background of the fodder scam cases needs to be taken notice of as the same will have some bearings upon this case. When large number of defalcation of public funds, fraudulent transaction and falsification of accounts to the tune of around Rs.500 crore in the Animal Husbandry Department in the State of Bihar came to light several Public Interest litigations were tiled in the High Court of Judicature at Patna and at its Ranchi Bench in the year 1996 by which time some of the cases had been lodged at some districts. Taking into the consideration the gravity of the matter, Patna High Court directed the CBI to investigate those cases where there has been excess drawal in the Department of Animal Husbandry and also to register the cases for fraudulent withdrawal of the public fund and the Court directed the first information reports already registered for the said offences to be kept in abeyance. However, the said order passed by the Patna High Court was modified by Hon'ble the Supreme Court to the extent that all those cases instituted by the district police were directed to be taken over by the CBI for its investigation under the control and supervision of the Patna High Court. Accordingly, CBI took over the matter of investigation and also lodged number of cases and the CBI seems to have divided the cases in two categories, one being of larger conspiracy involving politicians and top bureaucrats and the other being cases of conspiracy involving district. officials, the suppliers, Treasury Officers etc. Treasury -wise. However, in the meantime, Bihar Reorganization Act came into. being and then the controversy arose as to whether cases would be enquired/tried in the State of Jharkhand or State of Bihar. However, that was resolved by the Hon'ble Supreme Court whereby 36 cases were directed to be enquired into or tried within the territory of Jharkhand State including the present one which relates to Dumka Treasury. When those cases said to be of larger conspiracy bearing nos. R.C. 20A of 1996(PAT), R.C. 64A of 1996 (PAT), R.C. 38A of 1996 (PAT), R.C. 68A of 1996 (PAT), R.C. 47A of 1996 (PAT) and R.C. 63A of 1996 (PAT), all related to fraudulent withdrawal but of different Treasuries were being tried separately, an application was filed before the Hon'ble Supreme Court by the petitioner Lalu Prasad Yadav and Dr. Jagannath Mishra for amalgamation of those trials but the prayer was refused resultantly the trials of the cases are going on separately. On amongst them one case i.e. R.C. 38A of 1996 which is a case of larger conspiracy is related to Dumka Treasury and the instant case which has given rise these applications is also concerned with the Dumka Treasury. It be pointed out that the present case was initially instituted on 22.2.1996 under sections 109, 120(B), 409, 478, 471, 477A of the Indian Penal Code and also Section 13(1)(c)(d) read with Section 13(2) of the Prevention of Corruption Act as Dumka (Town) P .S. case no. 21 of 1996 alleging therein that the then District Animal Husbandry Officer Dr. Shiv Narayan in conspiracy with other accused persons (suppliers) has withdrawn a sum of Rs.94,84,211/ - illegally through false and forged bills. However, subsequently CBI took over the investigation of that case and got it registered as R.C. No. 39A of 1996 on 11.4.1996. The CBI having investigated the case submitted charge -sheet on 30.9.2000 against 45 accused persons named therein. In course of time, trial commenced in May, 2004 and by 15th September, 2007 the prosecution after examining 100 witnesses closed the case and then the statements of the accused persons were recorded under section 313 of the Code of Criminal Procedure.
(3.) THEREAFTER one Mahendra Prasad who was facing trial as an accused pleaded his guilt and accordingly, he was convicted and sentenced and then on his prayer, he was allowed to be examined as defence witness in favour of his father and wife and thereupon learned court below passed the order on 15.9.2007 whereby the court below summoned certain persons under section 319 of the Code of Criminal Procedure to face trial and at the same time learned trial court directed the CBI to conduct further investigation on the point mentioned below: - (i) To verify the entire bank accounts of firm namely Wiseman Construction and NCIL, New Delhi and to produce all the papers regarding constitution of the firm, its Bank Account. (ii) Report regarding white house near Patna Museum. (ii) Relevant register of Hotel Taj. Kolkata of December, 1994 so that presence of accused can be traced. (iv) Money deposited by Sri Mahendra Prasad with accused Md. Sayeed (not accused in this case) in the house of one Mr. Abdullah and Sri Prasenjeet Bulman @ Jeet, Rs.10 crores deposited in the house of Sri S.K. Sarawagi. (v) Property of Seshmuni Ram: (a) One that at Surya Apartment, Exhibition Road, Patna. (b) Office space in Ashiana Tower, Exhibition Road. Patna. (c) Office space in Om Tower, Exhibition Road, Patna. (d) Land purchased in Danapur. Patna. (vi) To ascertain as to who were the competent and authorized persons to -receive and check the bills of AHD Office, Dumka and also to ascertain as to under what circumstances the CNC Bills of DAHO, Dumka were not checked by the AG office during the period from 1991 -92 to 1995 -96. (vii) To submit a report before the court about involvement of the officers of Finance Department, Government of Bihar and AHD officials during the period 1991 -92 to 1995 -96 where fraudulent withdrawal of Rs.1,47,60,294/ - were made. (viii) To submit a report that who were working in Planning Section and Budget Section of AHD, Government of Bihar. (ix) Properties of Ravi Sinha from illegal means of his father as reflected by Deepak Kumar be taken note of and some receiver be appointed; it not appointed so far. (x) To fix up the identify of one Mr. Verma who had been occupying Qr. NO.4 of Doranda Accountant General Pool at Ranchi during the period from 1989 to 1994.;