This application under section 482 of the Code of Criminal Procedure has been filed on behalf of the CBI praying therein to expunge certain remarks made by learned Special Judge, CBI while passing the order dated 15.9.2007 in R.C. No. 39(A) of 1996-Pat. whereby the court suo motu summoned certain persons under section 319 of the Code of Criminal Procedure to face trial along with other persons on the basis of-evidences appearing on the record.

2. Before coming to the matter the background of the fodder scam cases needs to be taken notice of as the same will have some bearings upon this case.

3. When large number of defalcation of public funds, fraudulent transaction and falsification of accounts to the tune of around Rs.500 crore in the Animal Husbandry Department in the State of Bihar came to light several Public Interest litigations were tiled in the High Court of Judicature at Patna and at its Ranchi Bench in the year 1996 by which time some of the cases had been lodged at some districts. Taking into the consideration the gravity of the matter, Patna High Court directed the CBI to investigate those cases where there has been excess drawal in the Department of Animal Husbandry