LAWS(GAU)-2022-9-82

MAHBUBUR RAHMAN Vs. CENTRAL BUREAU OF INVESTIGATION

Decided On September 30, 2022
MAHBUBUR RAHMAN Appellant
V/S
CENTRAL BUREAU OF INVESTIGATION Respondents

JUDGEMENT

(1.) Heard Mr. Z. Kamar, learned Senior counsel, being assisted by Mr. B. Talukdar, learned counsel for the petitioner. Also heard Mr. S.C. Keyal, learned standing counsel for the respondent/CBI.

(2.) In this petition under Sec. 482, read with Sec. 397 of the CrPC and Article 227 of the Constitution of India, the petitioner, Dr. Mahbubur Rahman, has challenged the legality, propriety and correctness of the order dtd. 29/10/2018, passed by the learned Special Judge, CBI, Assam at Guwahati, in Special Case No.04/2017 and also the charge sheet No.Nil, dtd. 27/9/2017, filed by the I.O. against the petitioner in connection with Crime No.RC0117 2017 A 0002.

(3.) It is to be noted that vide impugned order dtd. 27/9/2017, the learned Special Judge, CBI, Assam at Guwahati has framed charge against the petitioner under Ss. 7/13(2)/13(1)(d) of the Prevention of Corruption Act (here-in-after referred to as 'the P.C. Act'), dismissing the petition filed under sec. 227 of the Code of Criminal Procedure.