Aparesh Kumar Singh, J. - (1.) Heard learned counsel for the petitioner, the C.B.I and learned Amicus Curiae.
(2.) This petition has been filed invoking the inherent power of this Court under Section 482 of the Criminal Procedure Code, 1973 for quashing of the order dated 09.03.2018 passed in R.C. Case No. 45(A)/1996-Pat by learned Special Judge-VII, CBI (AHD Scam), Ranchi where under the learned Trial Court in exercise of powers under Section 319 Cr.P.C has found a prima facie case made out against the petitioner under Section 120(B) r/w Section 409,420, 467,468,471 and 477A of the I.P.C and under Sections 13(2) r/w 13(1)(c) &(d) of the P.C. Act and directed the C.B.I to seek sanction for his prosecution from the competent authority and file it within 1 month as the petitioner is an I.A.S Officer.
(3.) It is relevant to mention here that this R.C. case related to fraudulent withdrawal under Animal Husbandry Department (AHD) from Dumka Treasury for the financial year 1991-1996 one of the commonly known Fodder Scam Cases. By this common impugned order the learned Court has in exercise of its power under Section 319 Cr.P.C found prima facie case as against several persons including the petitioner, all of whom have assailed their arraignment in respective criminal miscellaneous petition. The final judgment of this case was pronounced on 09.04.2018 where by certain accused were convicted and some of them were acquitted. It has been pointed out by learned counsel for the CBI that the instant R.C. case no.45(A)/1996-Pat was taken over for investigation upon the directions of the Hon'ble Patna High Court in a public interest litigation from Dumka (Town) P.S. Case No.22/1996 lodged on 22.02.1996 by the informant, an IAS officer Rajeev Arun Ekka, Probationary Assistant Collector cum Executive Magistrate. He was examined as P.W.1 in the instant case and has supported the case of the prosecution. After conclusion of the investigation 72 persons were charge-sheeted as accused, 17 died during trial and charges were framed against 42 persons. Certain accused persons like Shiv Kumar Patwari, Dr. Md. Syeed were later on produced as approver after they were granted pardon by the learned Court on acceptance of their complete and truthful disclosure of the material circumstances in relation to the offence and to the accused persons. A total of 197 prosecution witnesses were examined. This petitioner was posted as Deputy Commissioner, Dumka between June 1993 to June 1996. The fact that this R.C. case was registered by the CBI after taking over the Dumka(T) P.S. Case No. 22/1996 lodged by the informant Rajeev Arun Ekka, IAS on the basis of a written complaint bearing letter no. 480 dated 21.02.1996 in connection with fraudulent withdrawal under AHD, Dumka during the financial year 1991-96 under Head No. 2403 have been taken note of in the opening paragraph of the impugned order as well.;