In a major relief for former Bihar Chief Minister lalu Prasad, Jharkhand High Court on Friday allowed the petition filed by him under section 300 of the CrPC pleading to quash the fodder scam case RC 64A/96 on the ground that he had been already convicted in a related case earlier by the CBI court. The court of Justice RR Prasad had earlier reserved the judgment after conclusion of the arguments presented by Prasad’s counsel in connection with the fodder scam case involving Rs 950 crore on September 19.
“The court revoked the sections under which lalu Ji has already been convicted in RC20A/96 fodder scam case,” said Prasad’s advocate Prabhat Kumar. Section 511 and 201 regarding threatening the witnesses and destroying the evidential documents will be proceeded in the case, added Kumar.
Prasad has already been convicted in the RC20A/96 fodder scam case pertaining to fraudulent withdrawal of Rs 37.7 crore from Chaibasa Treasury in the year 1994-95 along with another Bihar ex-CM Jagannath Mishra.
Following his conviction by the CBI court, Prasad moved to the high court seeking quashing of RC 64A/96 fodder scam case under section 300 of the Code of Criminal Procedure Act and Article 22 of the Constitution that states that a person once convicted or acquitted not to be tried for the same offence again.
The RJD chief also referred to the high court's judgement on a similar petition of Mishra, quashing Mishra’s remaining fodder cases as he was convicted along with Prasad in RC 20A/96 case.
Prasad had approached the high court after a special CBI court rejected his separate petitions seeking quashing of cases - 64A/96, 38/A/96 and 68A/96 fodder scam cases.
The RC 64A/96 pertained to fraudulent withdrawal of Rs 84.53 lakh from Deoghar Treasury in 1992/93 fiscal.