THANZAMI TOCHHAWNG W/O R ZATAIA Vs. STATE OF MIZORAM
LAWS(GAU)-2018-2-11
HIGH COURT OF GAUHATI
Decided on February 08,2018

Thanzami Tochhawng W/O R Zataia Appellant
VERSUS
STATE OF MIZORAM Respondents

JUDGEMENT

M. R. Pathak, J. - (1.) Heard Mr. Victor L. Ralte, learned counsel for the petitioner/accused Smt. Thanzami Tochhawng (Accused No. 4) in Crl. Ptn. No. 1/2018 and Mr. B. lalramenga, learned counsel for the petitioners/accused namely Sh. R. Vanlalhmuaka (Accused No. 1) and Smt. Lalhmingliani (Accused No. 5) in Crl. Ptn. No. 2/2018. Also heard Mr. A.K Rokhum, learned Public Prosecutor appearing for the State.
(2.) The petitioners of both the Criminal Petitions are charge sheeted accused along with other accused persons in SR (Prevention of Corruption Act) No. 9 of 2014 arising out of Anti-Corruption Bureau Police Station Case No. 6/2013 registered under Sections 120-B/109/420/468/477A/409 IPC read with Sections 13(1)(d)/13(2) of the Prevention of Corruption Act, 1988. The proceeding of said SR (PCA) No. 9/2014 is presently pending before the learned Special Judge, Prevention of Corruption Act at Aizawl.
(3.) It is submitted by the petitioners that one Sh. P.C Lalremsiama lodged a written FIR on 27.02.2013 before the Superintendent of Police, Anti-Corruption Bureau, Aizawl, Mizoram, expressing doubt and pointing out illegality in supplying Silpaulin on 23.06.2006 and 03.07.2006, on the basis of which the Anti-Corruption Bureau on 28.02.2013 registered ACB Enquiry No. 5/2013 and made an enquiry by one concerned Inspector of the Anti-Corruption Bureau of the State in that regard. In such enquiry, finding sufficient incriminating materials against the accused persons of the case with regard to their involvement in the alleged crime, the concerned officer submitted his report on 17.10.2013 requesting the Superintendent of ACB, Aizawl to register a criminal case against those accused persons including the petitioners herein. Accordingly, the above noted ACB Case No. 6/2013 was registered on 17.10.2013 against the accused persons of the case under the Panel Sections noted above. Thereafter, the Investigating Authority submitted a charge sheet in the matter on 19.09.2014. On making further investigation in said ACB Case No. 6/2013, a supplementary charge sheet was submitted in it on 31.05.2016. After receipt of the charge sheet dated 17.10.2013 in said ACB Case No. 6/2013, finding that the said case is exclusively triable by the Court of Special Judge (PC Act), the learned Chief Judicial Magistrate, Aizawl, by its order dated 09.10.2014 committed the said case along with the charge sheet and the documents appended thereto to the learned Special Judge, PC Act for further legal action and on receipt of records of ACB Case No. 6/2013, the same was registered and re-numbered as SR(PCA) 9/2014 (arising out of Criminal Trial 1872/2013) before the learned Special Judge, Prevention of Corruption Act, Aizawl, Mizoram and summons were issued to the accused persons of the case for their appearance before the said Court. Accordingly, the accused persons appeared before the learned Special Judge in said SR (PCA) No. 9/2014 and accordingly documents of the case were also supplied to them.;


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