Rajiv Ranjan Singh @ Lallan Singh vs Union of India and others

Upon obtaining ''no objection certificate'' from the remaining counsel, who are practising at Patna, except counsel who is not presently practising after becoming Hon''ble Minister in the State of Bihar, the appearing counsel for the petitioner may represent the petitioner. Learned counsel for the petitioner submits that the petitioner himself signed ''vakalatnama'' in his office in his presence.

In view of the above, difference in the signature over ''vakalatnama'' is ignored.

Learned counsel for the C.B.I. submitted that as per the progress report, there were only 16 working days after passing of the order by this Court and as already pointed-out, out of total 53 Fodder Scam Cases, 38 cases have already been decided. Now, during this period, 19 prosecution witnesses have been examined, one witness was recalled and re-examined and 19 accused persons have been examined by the trial Court u/s 313 Cr.P.C. Out of 15 cases, which are under trial, 08 cases are pending for the prosecution witnesses, 02 cases are at the stage of recording evidence u/s 313 Cr.P.C., 02 cases are at defence evidence stage and 03 cases are at final argument stage. In case no. RC 52(A)/96-Pat, prosecution have already finished its final argument on 25.11.2011 and now this case is at defence argument stage.

In view of the above, the progress in these cases is going on satisfactorily.

Learned counsel for the petitioner submitted that these cases are exclusively given to C.B.I. Courts.

However, we are of the considered opinion that as we have already directed all the courts to take appropriate steps with regard to the C.B.I. cases and not to adjourn the matter on the ground of pendency of other cases before the same Court, we do not find any reason to transfer all the cases from the C.B.I. Court to other Court and further in case, C.B.I. case is adjourned, then the learned Judge will remain without any matter to hear which cannot be permitted.

In view of the above, it is reiterated that priority be given to these Fodder Scam Cases and they shall not be adjourned on account of taking- up of any other case by the C.B.I. Court.

Copy of this order be sent to all the C.B.I. Courts where the Fodder Scam Cases are pending. Copy of this order also be given to learned counsel for the C.B.I. as well as to learned counsel for the petitioner.

Learned counsel for the C.B.I. seeks more time so that further satisfactory progress report may be given.

As prayed, put-up this case on 06.02.2012.