BAMANG RAJU Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. T.T.Tara, learned counsel for the petitioners and Mr. OJing Pada, learned Special Public Prosecutor for the State respondents.

(2.) This an application under Sec. 482 of the Code of Criminal Procedure, 1973 for quashing and setting aside of the orders dtd. 17/3/2022, 22/4/2022 and 2/6/2022 passed by the Special Judge (PCA) Yupia, Arunachal Pradesh passed in PCA Case No. 05/2011 vs. accused Dani Gambo and Ors registered under Sec. 120(B)/409/420/465/468/471 IPC and 13(1) (c) (d) and 13 (2) Prevention of Corruption Act 1988 directing the case I/o to reconstruct the missing records and for non compliance of the provisions of 205 and 207 Cr.PC 1973 and for rejecting the prays of the accused persons to dispense from personal appearances till creation of the documents.

(3.) A brief background of the case leading to filling of application is that on 29/4/2011 and FIR was lodged by the complainant Shri. J.T. Takam of Yazali with the Yazali P.S. alleging that a large scale of misuse of fund allocation for construction of road :- (a) C/o road from Jop to Silsong; (b) C/o road at KVK Yachuli; and (c) C/o road from Loth to Chambang for an amount of Rs.3569.02 lakhs. Upon the said complaint Yazali P.S. Case No.05/2011, dtd. 11/7/2011 has been registered under Sec. 409 IPC, read with Sec. 13 (1)(c)(d) and 13 (2) of the Prevention of Corruption Act, 1988. After registration, the case was transferred to the SIC (Vigilance), Itanagar, pursuant to an order of Dy. Inspector General of Police, vide No.PHQ/CR/GC/ZIRO-05/2011, dtd. 11/7/2011; and the investigation was carried out, which culminated in submission of Charge-Sheet, dtd. 14/10/2015, before the learned Special Court (PCA) Yupia in PCA Case No.01/2016(YPA) against the 21 officials of the P.W.D. Yazali and Ziro Sub-Division and the contractors, including the present petitioners who were working in different capacities in PWD, Ziro Division, at the relevant time, under Sec. 120(B)/409/420/465/468/471 IPC and Sec. 13 (1)(c)(d) and 13 (2) of Prevention of Corruption Act, 1988. Thereafter, the learned Court below had issued summon to the petitioners/accused persons, and on their appearance, and after hearing both sides, the learned Court below discharged all the accused persons, including the present petitioners, on the ground of absence of prosecution sanction, and in absence of materials against the accused vide order, dtd. 21/12/2017. In the meantime, the SIC (Vigilance) had challenged the order, dt. 21/12/2017, by filing a Criminal Revision Petition No.05 (AP) 2018, before this Court and the same was disposed of on 22/6/2021, and the impugned order, dt. 21/12/2017, passed by the learned Special Judge (PCA), Yupia was set aside the direction was issued to the learned court below to proceed with the trial.