RAJDEEP NATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N. Dutta, learned Sr. counsel, assisted by Mr. R. Chakraborty and Mr. H. Das, learned counsel for the petitioner. Also heard Mr. D. Das., learned Addl. Public Prosecutor appearing for the State respondent No. 1 and respondent No. 2.

(2.) This petition, under Section 482 Cr.P.C. and Article 227 of the Constitution of India, is filed seeking setting aside/quashing of the order, dated 11.12.2018, passed by the learned Special Judge, Assam at Guwahati in Special Case No. 6/2018, framing charges against the petitioner under Section 409 of the IPC read with Section 13(1)(c)/13(2) of the Prevention of Corruption Act, 1988 ('P.C. Act' for short).

(3.) The petitioner has contended that one Indrajeet Chakraborty, Inspector of Police, C.M.'s Spl. Vigilance Cell, Assam lodged an F.I.R., on 03.03.2016, with the Officer-in-Charge of the said Vigilance Cell, inter-alia, alleging that in course of enquiry in connection with SVC RE Case No. 06/2007, it was revealed that one Rashid Ahmed Chowdhury, the then Chairman, Guwahati Wholesale Consumers Co-operative Society Ltd. ('G.W.C.C.S. Ltd.' for short), in collusion with his subordinate officials, namely, Bidhan Saikia (petitioner in Crl. Pet. No. 470/2019), the then Executive Officer, Rajdeep Nath (the petitioner herein), the then Executive Officer and Uttam Deka, Superintendent made many official irregularities and by misusing their official powers misappropriated an amount of Rs. 12,36,500/- during the period of 2005-07 from the fund of the G.W.C.C.S. Ltd. Thus, they committed offences of criminal conspiracy, criminal breach of trust and criminal misconduct in discharge of their official duty.