SAYEDUL ISLAM Vs. C B I & ANR

JUDGEMENT

(1.) This is an application for quashing of a proceeding being Special Case No. 7 of 1996 pending in the Court of learned Judge, 3rd Special Court, Calcutta under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 and Sections 120 B/420/466/467/468/471 of the Indian Penal Code.

(2.) The allegations as made out in the present case is that the petitioner entered into a conspiracy with some other officers of the Income Tax Department to cheat the Income Tax Department, Indian Bank/Reserve Bank etc. and in pursuance of the said conspiracy committed forgery and dishonestly obtained from circle V of Income Tax Department the Refund Vouchers by one M. Chowdhury of M/s. Universal Engineering Company. It was alleged that the said Refund Vouchers were credited in Account No. 385 maintained with Indian Bank of Kidderpore Branch, Calcutta.

(3.) On completion of investigation charge-sheet was submitted by the investigating agency and by an order dated 3.9.96 the Ld. Judge, Special Court took cognizance of the offence under Sections 13(2) read with Section 13(1) (d) of Prevention of Corruption Act, 1988 and Sections 120B/420/466/467/468/471 of the Indian Penal Code and issued process against the petitioner and other accused persons.