CENTRAL BUREAU OF INVESTIGATION Vs. UDAY NATH MAJHI

JUDGEMENT

(1.) This case has a chequered history, as against the 5 respondents on completion of investigation by CBI chargesheet was presented before the Court of Special Judge, CBI, Shillong for commission of offence punishable under Section 120B, 420, 467, 471 IPC and under Section 13(2) read with Section 13(1)(d) of PC Act, 1988.

(2.) Learned Trial Court after hearing the prosecution and defense regarding framing or otherwise of charge has vide its detailed order dated 19-12-2011 found prima facie material justifying framing of charge. As against respondents No. 1, 2 and 3 (accused 1, 2 and 3) formal charge was framed, whereas respondents No. 4 and 5 (accused 4 and 5) were dissatisfied with the order, filed an application under Section 227 CrPC before the Trial Court unsuccessfully as the same was rejected vide order dated 21-09-2012. Dissatisfied therewith, CRL.PTN. (SH). No. 11/2013 and CRL. PTN. (SH) No. 12/2013 were filed by the respondents No. 4 and 5 before the High Court of Gauhati, Shillong Bench as it then was, but both the petitions were dismissed vide detailed judgment dated 20-03-2013. Thereafter again, respondents No. 4 and 5 filed two CRL.MISC.APPLN. (SH) No. 17/2013 and CRL.MISC.APPLN. (SH). No. 18/2013 before this Court and vide detailed judgment dated 31-12-2013 what has been concluded is reflected in para 24, same is quoted hereunder:

(3.) In short, in terms of said judgment the Trial Court had to look into the documents as mentioned in the order if not suspicious at the time of consideration of the charge to ascertain whether prima facie case against the petitioners (accused 4 and 5) was made out. The accused 4 and 5 were permitted to place documents as were annexed with the revision petition before the Trial Court at the time of consideration of charge.