ARUN MISHRA, AMITAVA ROY
State of Jharkhand Through SP, CBI – Appellant
Versus
Lalu Prasad @ Lalu Prasad Yadav – Respondent
JUDGMENT :
Arun Mishra, J.
1. The appeals arise out of three separate judgments and orders of learned Single Judge of High Court of Jharkhand at Ranchi discharging three accused persons namely; Lalu Prasad Yadav, Sajal Chakraborty and Dr. Jagannath Mishra on the ground of their conviction in one of the criminal cases arising out of fodder scam of erstwhile State of Bihar. Applying the provision under Article 20(2) of the Constitution of India and Section 300 of Code of Criminal Procedure, 1973 (for short ‘the Cr.PC’), the High Court has quashed RC No.64A/96 against Lalu Prasad Yadav, four cases against Dr. Jagannath Mishra being RC Nos.64A/96, 47A/96, 68A/96 and 38A/96 and two cases against Sajal Chakraborty being RC Nos.20A/96 and 68A/96 on the ground that they have been convicted in one of the cases for offences involving the same ingredients with respect to Chaibasa treasury.
2. In the wake of large scale defalcation of public funds, fraudulent transactions and fabrication of accounts in Animal Husbandry Department of State of Bihar popularly known as fodder scam, Central Bureau of Investigation (for short, ‘the CBI’) investigation had been ordered by this Court in State of Bihar &
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