CENTRAL BUREAU OF INVESTIGATION Vs. JIBAN SINGH
LAWS(GAU)-2018-3-43
HIGH COURT OF GAUHATI
Decided on March 23,2018

CENTRAL BUREAU OF INVESTIGATION Appellant
VERSUS
Jiban Singh Respondents

JUDGEMENT

HITESH KUMAR SARMA - (1.) This petition, under Section 482/401 of the Code of Criminal Procedure, has been filed by the Central Bureau of Investigation, Economic Offences Wing, Kolkata against the respondents Sri Jiban Singh, Paresh Chandra Neog, Indra Kanta Gogoi, Hare Krishna Medhi, Keshab Kalita, Narakanta Koch, Hirendra Nath Sarmah, Akshay Saikia, Lakheswar Choudhury, Tapan Kumar Das, Paresh Das, Manuj Kumar Roy, Lila Boro, Indra Kumar Chetia, Ataur Rahman Sarkar and Madhab Chandra Borah with respect to the order, dated 9.10.2014, passed by the Court of learned Special Judge, CBI, Additional Court No. 3, whereby the Court did not frame charges against the respondents so far as offences under section 409/420/477A IPC are concerned. The case of the petitioner may be briefly stated as follows:
(2.) 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the Officer in Charge, CID Police Station, stating inter alia that the pay and allowance of 10th APBn were fraudulently withdrawn to the tune of Rs 18,89,57,335/- much in excess than the actual dues and that the respondents were co-conspirators in the alleged excess withdrawals. On completion of investigation, a charge-sheet was laid against the respondents for the offences under Section 120B/420/409/477A of Indian Penal Code read with Section 13(1)(c) and 13(1)(d) of the Prevention of Corruption Act, 1988. The petitioner further contends that by the impugned order, dated 9.10.2014, the learned trial Court framed charges against the respondents only for the offences under Section 120B IPC read with Section 13(1)(c) and 13(1)(d) of the Prevention of Corruption Act, 1988 and did not frame charges for the offences under section 409/420/477A IPC despite there being sufficient materials on record to frame charges for the offences under section 409/420/477A IPC.
(3.) I have heard Mr. SC Keyal, learned counsel appearing for the petitioner/CBI. I have also heard Mr. T Deuri, learned counsel appearing for the respondent Nos. 3, 9, 10, 11, 13 and 16 and learned counsel Mr. P Kataki, Mr. D Talukder and Mr. NJ Das, for the remaining respondents.;


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