HELALUDDIN AHMED Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M.U. Mahmud, learned counsel appearing for the appellant/accused as well as Mr N K Kalita, learned Addl. P.P., Assam appearing for the State/respondent No.1 and Mr. S. Bora, learned standing counsel for the SSA.

(2.) By filing this petition under Section 482 of the CrPC, the petitioner has sought for quashing of the Charge Sheet No.456/2017, dated 31.12.2017, under Sections 468/471/420/409 of the IPC, corresponding to G.R. Case No.10315/2010, submitted before the learned Chief Judicial Magistrate, Kamrup (M) at Guwahati.

(3.) The case of the petitioner is that on 31.12.2010, the Mission Director of the Axom Sarba Siksha Abhijan Mission (SSA), Mrs. L.S. Changsan lodged an FIR in the Dispur Police Station alleging inter-alia that fraudulent withdrawal of SSA fund had come to her knowledge from one Durga Doley of SBI of Dispur Branch, who produced a letter vide No.SSA/Acctt./Plan/17/2001/Pt-II/8244, dated 20.12.2010, addressed to the Senior Accounts Officer of the Bank Sri Nabajyoti Thakur. By that letter, it was ordered to transfer a sum of Rs.2.40 crores to the A/C. No.31543781972 of SBI, Khanapara Branch, in the name of Bimal Gogoi, Managing Director of M/s. Rongpur Construction and Suppliers Pvt. Ltd., from the SSA Account No.10821415714. The concerned letter No.SSA/Acctt./Plan/17/2001/Pt-II/8244, dated 20.12.2010 was verified in the SSA office and found that no such letter was issued from the SSA office. Being worried, the Mission Director checked the account of the SSA and found that an amount of Rs.140 lakhs was transferred to the A/C. No.30545253878 of SBI, Sivasagar Branch in the name of one Tomijuddin Ali, Managing Director of M/s. Brahmaputra Construction and Suppliers Pvt. Ltd., from the SSA Account No.10821415714. The transfer of the fund was given effect by using a letter bearing No.SSA/Acctt./Plan/17/2001/Pt-I/6922, dated 12.10.2010, shown to have been signed by the Informant as the Commissioner and Secretary to the Govt. of Assam, Education Department and Mission Director, SSA, Assam. On verification it was seen that no such instruction was issued to SBI, Dispur Branch for transfer of fund amount to Rs.140 lacs, to any individual or Private Limited firm.