CENTRAL BUREAU OF INVESTIGATION Vs. UDAY NATH MAJHI

JUDGEMENT

(1.) Challenged in this petition is the impugned order dtd. 5/5/2016 passed by the learned Special Judge (CBI), Shillong in Special Case No. 5/2009 under Sec. 120B, 420, 467 and 471 IPC and Sec. 13(2) read with Sec. 13(1)(d) of the Prevention of Corruption Act, 1988, whereby the respondent Nos. 1-5 as accused persons therein have been discharged from the liability of the case at the stage of consideration of charges.

(2.) The background facts leading to the filing of this petition is that the Principal of St. Peters College (Respondent No. 4) had undertaken a project named and styled as "Holistic Cluster Approaches at Grassroots Level for Sustainable Development in the North Eastern Region" in the State of Assam, Meghalaya and Arunachal Pradesh for which the North Eastern Council (NEC) was approached for sanction of the required funds.

(3.) Accordingly, the NEC had sanctioned an amount of Rs.4,98,50,000.00 on 18/3/2005, the same to be released in installments. At the first instance, the NEC had released the fund in three installments, the first being Rs.47,00,000.00 on 22/3/2005, the second installment of Rs.20,00,000.00 released on 20/6/2005 and the third installment of Rs.2,00,00,000.00 on 25/11/2005, the total being Rs.2,67,00,000.00.