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6. On the other hand, Mr. Rajesh Kumar, learned counsel appearing on behalf of the C.B.I, contended before me that as many as thirty-six cases relating to fodder scam have been transferred to the State of Jharkhand as per the decision of the Hon'ble Apex Court as they are relating to the occurrence taken place in the different districts of the State of Jharkhand and thereafter the State Government with a view to convenient for the accused persons as well as for speedy and fair trial, as many as six special Courts have been created specifically for trying the cases of fodder scam which are functioning at one place at Ranchi. It is further submitted that the Court of Special Judge created at Dumka has now been transferred at Ranchi and the said Special Court is also functioning at Ranchi as well as all the cases relating to the occurrence of Dumka Division have been transferred to the Court of the said Special Judge and all the Special Courts functioning at Ranchi are busy in day to day proceeding of the said cases and for the speedy disposal of those cases six Courts of Special Judge have been created so that all the cases relating to fodder scam may be disposed of as quickly as possible. It is also submitted that the petitioner ought to have moved such petition before the Special Court itself if any grievance the petitioner had but without availing this opportunity, this application has been filed which is fit to be dismissed. The learned counsel further contend that as many as 94 witnesses have already been examined in R.C. 20 (A)/96 and the trial of the case is in progress on the day to day basis will hamper the whole trial if such cases will be transferred in one Court and that is a delaying tactics on the part of the petitioner to scuttle in speedy disposal of the cases.

(b) any conspiracy to commit or any attempt to commit or any abetment of any of the offences specified in Clause (a), (2) A person shall not be qualified for appointment as a Special Judge under this Act unless he is or has been a Sessions Judge or an Additional Sessions Judge or an Assistant Sessions Judge under the Code of Criminal Procedure, 1973 (2 of 1974).

9. Thus it is apparent that the State Government may by notification in the Official Gazette appoint as many as Special Judges as may be necessary for such area or areas or for such case or group of cases, as may be specified in the notification to try the said cases. The Special Judge is also entitled to exercise all the powers of the Sessions Judge as provided in the Code of Criminal Procedure in relation to a proceeding under the Prevention of Corruption Act, 1988. Provision of Sub-section (4) of Section 4 and Section 5 of the Prevention of Corruption Act sufficiently indicate the intention of the Legislature and also the object of the Act that the cases of Corruption shall be tried speedily and completed as soon as possible and the Special Judge will hold the trial of an offence on day to day basis. Altogether 36 cases of Fodder Scam have been transferred to the State of Jharkhand for trial and for speedy disposal of those cases, the State Government appointed six Special Judges for trying those cases at one place at Ranchi for the trial of Fodder Scam cases. It may also be noted that the Special Judge functioning at Duinka has also been transferred to Ranchi and all the cases pending at Dumka have been transferred to the Court of the Special Judge at Ranchi having jurisdiction of Dumka Division and the cases of other district relating to Fodder Scam have equally been transferred in the Courts of rest five Special Judges which are functioning at one place at Ranchi. The distribution of work relating to 36 Fodder Scam Cases will also help the Court in disposal of these cases very expeditiously. In order to achieve the object of speedy disposal of Corruption Cases, it is essential to distribute the cases equally in every Special Court. In one of the cases (RC. 20(A)/96), 94 witnesses have already been examined and the trial is going on day to day basis. There is no any grievance against any of the Special Courts. A mere allegation that the petitioner would not get quick justice by keeping those cases in different Courts, cannot be taken in account in view of the fact that all the cases are taking tried at one place at Ranchi and the court will also function smoothly if it is not overburdened or cumbersome rather the Court shall dispose of those cases expeditiously by taking proper and effective attentions.