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2013 Supreme(SC) 913

Madan B.Lokur, H.L.GOKHALE
Kamlesh Kumar – Appellant
Versus
State of Jharkhand – Respondent


JUDGEMENT

H.L. GOKHALE, J

These Special Leave Petitions (Criminal) seek to challenge the judgment and order dated 19.7.2012, whereby a Learned Single Judge of the Jharkhand High Court dismissed the two Writ Petitions bearing Nos. Writ Petition Nos.95 & 112 of 2003 filed by Shri Kamlesh Kumar and three others, all children of one Dr. K.M. Prasad who worked earlier as the Director of Animal Husbandry department in Government of Bihar. They are being prosecuted under the provisions of Foreign Exchange Regulation Act, 1973 (in short FERA), and those cases have been transferred to the Special Judge hearing the Fodder scam cases. In the above referred Criminal Writ Petitions they had challenged the transfer of those cases to the Special Court by contending that the transfer order was bad on various grounds, the principal amongst them being that the State Government had no jurisdiction to authorise the Special Judge to try these cases under FERA. Those Criminal Writ Petitions have been rejected, and hence these Special Leave Petitions (Criminal) have been filed.

Facts leading this Criminal Petition are as follows:-

2. The above referred Dr. K.M. Prasad, father of the petitioners, was working















































































































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