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2005 Supreme(Pat) 547

R.N.PRASAD, BARIN GHOSH, M.L.VISA
Lalu Prasad @ Lalu Prasad Yadav And Rabri Devi – Appellant
Versus
State Of Bihar Through Cbi (Ahd) – Respondent


Judgment

Ram Nandan Prasad, J.

1. These two petitions have been filed u/s. 482 of the Code of Criminal Procedure, 1973 against the order dated 9.6.2000 passed by the Special Judge, CBI, Patna in Special Case No. 5/98, whereby the petitions filed by the petitioners for their discharge have been rejected and charges have been framed for the offences u/s. 13(2) read with sec. 13(1)(e) of the Prevention of Corruption Act, 1988, hereinafter referred to as the 1988 Act, against Sri Lalu Prasad, hereinafter referred to as Sri Prasad, petitioner in Cr. Misc. No. 14894/2000, and u/s. 109, Indian Penal Code, 1860 read with sec. 13(2) read with sec. 13(1)(e) of the P.C. Act, against Smt. Rabri Devi, petitioner in Cr. Misc. No. 14895/2000.

2. Before we deal with the respective contentions of the parties, it would be appropriate to take note of certain relevant facts. On 19th February, 1996, the State Government in supersession of all previous Notifications issued a Notification u/s. 6 of the Delhi Special Police Establishment Act, 1946 and thereby granted consent to all members of the Delhi Special Police establishment (CBI) to exercise powers and jurisdiction under the Delhi Special Police Est





















































































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