HARE KRISHNA MEDHI S/O LT. RAMESH CHANDRA MEDHI Vs. CENTRAL BUREAU OF INVESTIGATION
LAWS(GAU)-2018-3-134
HIGH COURT OF GAUHATI
Decided on March 23,2018

Hare Krishna Medhi S/O Lt. Ramesh Chandra Medhi Appellant
VERSUS
CENTRAL BUREAU OF INVESTIGATION Respondents

JUDGEMENT

HITESH KUMAR SARMA,J. - (1.) This petition, under Section 482/397/401 of Code of Criminal Procedure, has been filed by Sri Hare Krishna Medhi for quashing of the order, dated 9.10.2014, framing charge against the petitioner for the offences under Section 120B of Indian Penal Code read with Section 13(1)(c) and 13(1)(d) of the Prevention of Corruption Act in Special Case No. 1/2011 pending in the Court of Special Judge, CBI, Assam, Additional Court No. 3.
(2.) The petitioner contends that one Nirmalendu Bhattacharya lodged an FIR with the Officer in Charge, CID Police Station, stating inter alia that the pay and allowance of 10th APBn were fraudulently withdrawn much in excess that that actual dues and that the petitioner was a co-conspirator in the alleged excess withdrawals. A charges heet has been laid against the petitioner along several others for the offences under Section 120B of Indian Penal Code read with Section 13(1)(c) and 13(1)(d) of the Prevention of Corruption Act and by the impugned order dated 9.10.2014 the learned trial Court also framed charges against the petitioner. The petitioner also submits that he was not discharging his duties as Drawing and Disbursing Officer rather; he was only empowered by the Commandant to sign on the bills. The principal ground taken by the petitioner is that a similarly situated officer, namely, Sri Randeep Kumar Baruah who was also the Second-in-Command of 10th Assam Police Battalion has not been prosecuted because prosecution sanction was declined in view of absence of prima facie materials.
(3.) The respondent No. 1, Central Bureau of Investigation, has submitted affidavit-inopposition contesting the averments made in the petition. The respondent No. 1 has reiterated the facts unearthed during investigation that the petitioner Sri Hare Krishna Medhi is that he was the Second-in-Command of 10th Assam Police Battalion during the relevant period discharging his duties as public servant. It is further alleged that the petitioner as Drawing and Disbursing Officer entered into criminal conspiracy with other accused to misappropriate Govt. funds.;


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