OM PRAKASH Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) This is an application under Section 482 read with Section 401 of the Criminal Procedure, 1973. The petitioner, an accused in Special Case No. 2852/C10 corresponding to RC 14/09 GWH : State v. Santosh Jasrasaia and Ors. has filed this criminal revision petition with the prayer for quashing of Annexure-C final report under Section 173 Cr. P.C. Be it stated here that the respondent CBI has enclosed the full text of the FIR dated 06.08.2009 along with their counter affidavit. The petitioner has also prayed for quashing of the said FIR dated 06.08.2009.

(2.) Mr. T. B. Jamir, appearing for the petitioner has exclusively referred to the nature of the allegations made against the accused/ petitioner in the impugned report so as to contend that there being no ingredients of any conspiracy being hatched by the petitioner with that of main accused, no proceeding against him could have been initiated. It is submitted by Mr. Jamir, learned counsel for the petitioner that in the charge sheet submitted by the CBI there being no whisper of any criminal conspiracy, the Special Judicial Magistrate could not have asked the petitioner to appear before the Court to answer the charges under Section 120B IPC read with Sections 468, 420, 471 and 201 IPC. Referring to the attribution of the particular conduct on the part of the petitioner as reflected in the impugned final report, Mr. Jamir, has submitted that whatever the petitioner had done, same was during the course of the business and thus there being no involvement of the petitioner in the offence attributed to him, entire proceeding against the petitioner is liable to be quashed.

(3.) To buttress the aforesaid argument, Mr. Jamir, learned counsel for the petitioner has placed reliance on the following decisions: