SRI PARESH CHANDRA NEOG, S/O LATE K.C. NEOG Vs. CENTRAL BUREAU OF INVESTIGATION
HIGH COURT OF GAUHATI
Sri Paresh Chandra Neog, S/O Late K.C. Neog
CENTRAL BUREAU OF INVESTIGATION
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HITESH KUMAR SARMA,J. -
(1.) This petition, under section 482 of Code of Criminal Procedure, 1973 has been filed by Sri Paresh Chandra Neog for quashing of the order, dated 9.10.2014, framing charge against him 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 states that, on the request of Government of Assam, an FIR was lodged before the CID P.S stating that pay and allowances of 10th APBn was fraudulently drawn in excess of actual dues during the period from March 2001 to February 2006 by Sri Paresh Chandra Neog, the petitioner herein and some others in conspiracy with Sri H.K. Medhi and Sri Randeep Baruah, the second in command. During the course of investigation, CBI, EOW, Kolkata took up the investigation of the case and after completion of investigation, a chargesheet was laid against the petitioner and others under Section 120B/409/420/477A read with section 13(1)(c) and 13(1)(d) of the Prevention of Corruption Act, 1988. The petitioner further states that at the time of consideration of charges against the petitioner necessary arguments were made by the petitioner before the trial Court regarding the lack of materials against the petitioner. However, the learned trial Court, by placing wrong reliance on the provisions of Treasury Rules, framed charges against the petitioner by the impugned order dated 9.10.2014.
(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 as Commandant of 10th Assam Police Battalion, during the relevant period, was 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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