BIDHAN SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R. Chakraborty, learned counsel for the petitioner and Mr. D. Das, learned Addl. Public Prosecutor appearing for the State respondent Nos. 1 and 2.

(2.) This petition, under Section 482 Cr.P.C., is filed seeking setting aside/ quashing of the order, dated 11.12.2018, passed by the learned Special Judge, Assam, Guwahati in Special Case No.06/2018 framing charges under Sections 120B/420 of the IPC read with Section 13(1) (d)/13(2) of the Prevention of Corruption Act, 1988 (for short 'P.C.Act') and Section 409 of the IPC read with Section 13(1) (c)/13(2) of the PC Act.

(3.) The petitioner's contention is that one Indrajit Chakraborty, Inspector of Police, C.M's Special Vigilance Cell, Assam lodged an FIR, on 03.03.2016, with the Officer-in-Charge of the said Vigilance Cell alleging, inter-alia, that in course of enquiry in connection with SVC RE 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, (1) Bidhan Saikia, the then Executive Officer (the petitioner herein), (2) Rajdeep Nath, the then Executive Officer (the petitioner in Criminal Petition No.346/2019) and 3. Uttam Deka, the then Superintendent, GWCCS Ltd. misusing their official position misappropriated an amount of Rs.12,36,500/- during the period 2005-07 out of the fund of the GWCCS Ltd. Thus, they committed offences of criminal conspiracy, criminal breach of trust and criminal mis-conduct in discharge of their official duty.