(1.) Learned Senior Counsel, Mr. TJ Mahanta assisted by R. Sarma, learned counsel for the petitioner and learned Addl. Public Prosecutor, Mr. BB Gogoi for the State were heard.
(2.) By this petition u/s 482 CrPC the petitioner Monita Borah has challenged the order dated 26-12-2019 passed by the learned Special Judge, Assam, in Special Case No. 2/2014, whereby, charges u/s 384/34 IPC read with Section 7 of the P.C. Act were framed against the petitioner along with the co-accused Shanti Kumari Das.
(3.) The brief facts of the case, which may be relevant for disposal of this petition are that on 19-10-2012 at about 11 am, the co-accused Shanti Kumari Das, who happens to be a supervisor, ICDCS, came to the house of Lakhi Acharya, an Anganwadi worker, where she collected Rs. 3,000/- each from 22 numbers of Anganwadi workers of Borgaon, 'Kha' circle with a view to pay the money to the present petitioner Monita Borah, who was the CPDO at the relevant time. The co-accused Shanti Kumari Das collected the entire amount threatening the Anganwadi workers, that if they do not pay the amount, their service may be hampered. While the said Shanti Kumari Das was collecting money, police was informed and immediately police accompanied by the circle officer arrived at the place of occurrence. The police apprehended Shanti Kumari Das and recovered Rs. 50,500/- from her. The FIR was lodged by Jayanti Daimary (respondent No. 2) on the basis of which, police registered the case and eventually submitted charge-sheet against the present petitioner and co-accused Shanti Kumari Das u/s u/s 384/34 IPC read with Section 7 of the P.C. Act. The learned Special Judge took cognizance and framed charges against the petitioner by the impugned order, which is under challenge in this petition.