ZORAMTHANGA S/O DARPHUNGA Vs. STATE OF MIZORAM
HIGH COURT OF GAUHATI
Zoramthanga S/O Darphunga
STATE OF MIZORAM
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Nelson Sailo, J. -
(1.) Heard Mr. C. Lalramzauva, the learned senior counsel assisted by Mr. Zoramchhana Fanai for the petitioners and Mr. A.K. Rokhum, the learned Public Prosecutor for the State respondent.
(2.) On 10.04.2018, Court passed the following order:-
"This criminal revision petition has been filed under Section 397/401 read with Section 482 of the Cr.P.C seeking revision of the Orders dated 25.10.2017 and 15.02.2018 passed by the learned Special Judge, Prevention of Corruption Act in SR (PCA No. 8/2013) in connection with ACB P.S Case No. 6/2009 under Section 120B/409/34 IPC read with Section 13(1)(c)(d)/13(2) of the Prevention of Corruption Act, 1988.
The learned senior counsel submits that the petitioners were furnished with a copy of the charge sheet and thereafter, the case was fixed for opening of the case and consideration of charge on 23.04.2014. The petitioners through their appointed counsels made their submissions before the Trial Court and thereafter filed written argument on 16.12.2015. However, the learned Trial Court without considering the submissions made by the petitioners through their appointed counsels as well as without considering the written argument simply fixed certain dates for framing of charge. The learned senior counsel submits that charge has not been framed as yet but, however, the case has been fixed for framing of charge on 12.04.2018.
Considering the submissions made by the learned senior counsel, let notice be issued to the State through the Public Prosecutor. Since the Public Prosecutor is not present today, the learned counsel for the petitioners shall serve a copy of the petition to the learned Public Prosecutor within two days. The notice is made returnable within two weeks. Depending upon the response made by the Public Prosecutor, Court shall consider requisitioning the Lower Court Records.
In the interim, it is hereby provided that the proceeding in SR (PCA No. 8/2013) pending before the learned Special Judge under the Prevention of Corruption Act shall remain suspended.
Let the case be listed again on 26.04.2018."
(3.) On 26.04.2018, this Court directed the parties to produce the orders passed by the learned Special Court w.e.f., 23.04.2014 up to 25.10.2017 and thereafter, the learned Public Prosecutor was asked to produce the Mizoram Intodelhna Project (MIP) Guidelines.;
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