TARUN CHANDRA GOSWAMI Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) JUDICIAL Magistrate, Assam has filed this revision application challenging the order dated 10.11.2008 passed by the learned Magistrate, whereby, the learned Magistrate has rejected the prayer of the accused to set aside the charge sheet on the ground that the investigation was carried out by an incompetent officer.

(2.) HEARD Mr. J Roy, learned counsel for the petitioner and Mr. AC Buragohain, learned Standing Counsel for the CBI. I have also perused the impugned order, FIR, Charge sheet and other documents annexed with the revision application.

(3.) THE case was registered by the Superintendent of Police and the case was endorsed to one Sri Jayanta Paul, Sub-Inspector of Police, CBI, ACB. Since the law required taking of permission from a Magistrate under Section 17 of the PC Act., the Investigating officer submitted a petition before the learned Special Judge, CBI on 3.3.2006, whereupon the learned Special Judge authorised the Sub- Inspector to investigate the case. Pursuant to the said authority, the Sub-Inspector of police investigated the case and submitted the Final Report under Section 173 of the Criminal Procedure Code, 1973 only under Section 420/471 of the IPC. In other words, the petitioner was not charge sheeted under the panel provisions of the PC Act.