APARESH KUMAR SINGH - (1.) Heard learned counsel for the petitioner, learned ASGI representing the CBI and learned Amicus Curiae.
(2.) Petitioner is aggrieved by the order of his arraignment as an accused dated 5th March, 2018 passed in R.C. Case No. 38(A)/96 by the learned court of Special Judge-VII, C.B.I. (AHD Scam), Ranchi in exercise of power under Section 319 of the Cr.P.C.
(3.) At the outset, learned counsel for the petitioner has given a brief background of the initiation of the Fodder Scam Cases and referred to the order passed by Hon'ble Supreme Court of India and Hon'ble Patna High Court in matter relating to investigation and monitoring of the Fodder Scam Cases. It has been pointed out that these background facts also concerns the petitioner since his case was examined by the learned Attorney General of India in terms of the order passed by the Apex Court in the case of Union of India -Vs. Sushil Kumar Modi [(1996) 6 SCC 500]. It has been taken note of by this court in the judgment dated 02.11.2018 passed in Cr. M.P. No. 253/2018 in the case of the present petitioner in connection with a similar order of arraignment passed by same Learned Special Judge-VII, CBI (AHD Scam), Ranchi in R. C. Case No. 64(A)/1996-Pat in exercise of power under section 319 of the Cr. P.C under the relevant provisions of the Indian Penal Code and the Prevention of Corruption Act . The order of arraignment as against the petitioner has been quashed by this Court upon consideration of all factual and legal grounds urged by the petitioner. He seeks to refer to the discussion made, particularly at paragraphs-36 and 37 of the judgment dated 02.11.2018. Learned counsel for the petitioner has heavily relied upon the judgment dated 2nd November, 2018 as according to him all the factual and legal grounds raised herein have been fully dealt with by this Court while quashing the order of arraignment of this petitioner therein. Learned counsel for the petitioner has summarized his submissions on this point and submitted that the role of the present petitioner as Director General (Vigilance), Bihar was inquired into and investigated by the CBI. Some of the Investigating Officers took a view that the petitioner should be prosecuted as an accused in the Fodder Scam. However, some other officers of the CBI took a contrary view. In the light of the difference of opinion, the matter was placed before the Attorney General of India, as per the direction of Hon'ble Supreme Court. The Attorney General of India sought view of Solicitor General of India. Upon a detailed consideration of the matter, it was opined that there was insufficient material to justify the prosecution of the petitioner. Such opinion was concurred by the learned Attorney General of India. On this basis, a decision was taken by the CBI not to prosecute the petitioner. The opinion of Attorney General of India is enclosed as Annexure-2 in the present petition also. When the matter was placed before the monitoring Bench of Hon'ble Patna High Court, it directed the then Director, CBI to reconsider and re-examine the matter relating to the petitioner.;