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2013 Supreme(Jhk) 451

R.R.PRASAD
Riyaz Khan Faridi – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: M/s. Ajit Kumar Sinha, Imtiyaz Ahmad, Pandey Neeraj Rai & Rohit Ranjan Sinha
For the C.B.I.: M/s. M. Khan and N. Roy

ORDER

1. This application has been filed for quashing of the entire criminal-proceeding of R.C. No.11 (A) of 2009-AHD-R including the order dated 10.8.2011 whereby and whereunder cognizance of the offences punishable under Sections 120B, 420, 467 468, 471 of the Indian Penal Code and also under Sections 13(1)(c), 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act has been taken against the petitioner.

2. It is the case of the prosecution that during financial year 2007-08, the Health Department, Government of Jharkhand having invited tenders purchased medicines on fixed prices under the scheme known as NRHM .For the financial year 2008-09 also medicines were purchased after inviting tenders on the rate approved for the financial year 2007-08 but by that time 'Purchase Preference Policy' had come into force whereby certain medicines were to be purchased compulsorily from the Government manufacturing companies and if the medicines would have been purchased, fixed percentage of discount was admissible but medicines were purchased ignoring the said policy completely, as a result of which, enormous pecuniary loss was caused to the State of Jharkhand whereas public servan





















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