The Jharkhand High Court Friday quashed the summons issued by a special CBI court to former Bihar Director General of Police D P Ojha and CBI officer A K Jha in connection with a fodder scam case, observing that the procedure was not properly followed before issuing summons to them.
The bench of Justice Aparesh Kumar Singh quashed the summons that had been issued last year by the CBI court to make the duo accused in the fodder scam case pertaining to fraudulent withdrawal from the Deoghar Treasury in undivided Bihar.
After the ex-DGP and the CBI officer moved the high court challenging the lower court's summons, Justice Singh said the CBI court had not followed the procedure properly before issuing the summons.
Under the Code of Criminal Procedure Section 319, a summon is issued only when there is concrete evidence by which punishment can be awarded, the court said.
In this matter, the CBI court should have given notices to them instead of issuing summons, it said.
Moreover, the bench said, no evidence was found during the trial of the case.
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