SUDHIR DASGUPTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Both the petitions being interconnected, have been heard together and are being disposed of by this common judgement and order. While in the criminal petition filed under Section 482 Cr.P.C. read with Article 226 of the Constitution of India, the challenge is to the registration of the BI(EO) PS Case No. 01/2011 under Section 120(B)/406/408/420 IPC, registered on the basis of the FIR lodged by the respondent No.2, who is the Deputy Superintendent of Police, BI(EO), the challenge in the writ petition is the proceeding in Spl(Ele) Case No. 5/2010, now pending in the Court of learned Special Judge, Incharge (Elect), Cachar, Silchar. The charge sheet bearing No. 931/2010 dated 30.9.2010 has been submitted in the said proceeding by the respondent No.3 i.e. the Inspector /Officer Inï¿ 1/2charge, Silchar Police Station, Silchar.

(2.) While according to the petitioners involved in the criminal petition, who are the officials of the APDCL, the BI(EO) case has been instituted at the behest of the respondent No.3, who is the petitioner in the writ petition being WP(C) 1580/2011, as a counter blast to the FIR lodged by the authority of APDCL, on the basis of which charge sheet No. 931/2010 dated 30.9.2010 has been submitted in the above referred Special (Ele) Case No. 5/2010, on the other hand, it is the case of the writ petitioner that although the incident in respect of both the proceedings is one and the same but having regard to the fact that the respective version are quite distinct and different, there is no impediment for registering the aforesaid BI(EO) Case against the officials of the APDCL.

(3.) The criminal case, challenged in the writ petition, is now pending for trial upon submission of the charge sheet. The said proceeding has emanated from the FIR dated 26.3.2010 submitted before the Officer-in-charge, Sadar Police Station, Silchar by the Deputy General Manager, Silchar Electrical Circle, APDCL, who is the petitioner No.1 in the criminal petition and respondent No.5 in the writ petition. For a ready reference, the FIR dated 26.3.2010 is reproduced below:- <FRM>JUDGEMENT_822_GAULT2_2013.htm</FRM>