REGENT COMPUTRONICS PVT. LTD.

Subhamoy Gupta Appellant

V/S

STATE OF ASSAM Respondents

Referred Judgements :-

JUDGEMENT

(1.) This batch of criminal petitions under Section 482 read with section 401 and 397 of the Code of Criminal Procedure, pertaining to prosecution sanction as envisaged under Section 197 of the Cr.P.C., 1973 and Section 19 of the Prevention of Corruption Act (P.C. Act), 1988 have been heard analogously and are being disposed of by this common judgment and order. It will be appropriate at this stage to refer to the said provisions:

(2.) The petitions have been filed against the orders passed by the learned Special Judge, Assam, Guwahati in taking cognizance of the offences either deeming prosecution sanction in absence of any order pertaining to the same from the competent authority for several years (even to the extent of 11 years in some cases), or taking cognizance where there is refusal to grant sanction as per the advice of the Judicial Department and the learned Advocate General of the State. In some cases, prosecution sanction itself is under challenge while in some other cases, plea of non-maintainability of the proceedings in the Court of the learned Special Judge in absence of prosecution sanction has been raised. In some other cases, referring to the above categories of cases, challenge is to the proceedings and orders / charge sheet pertaining to the same itself, although no prosecution sanction is required. In all the petitions the prayer is to set aside those orders and to quash the criminal proceedings.

(3.) The offences alleged against the petitioners are that of alleged misappropriation of huge amounts by preparing false bills/diverting funds from one scheme to another; misappropriation of Govt. money by not entering the particular amount in the receipt book and thereafter removing the pages (original and duplicate) from the receipt books; misappropriation of Govt. money by preparing falls bills showing payments to Muster Roll Workers; misappropriation of huge Govt. money under the scheme called Operation Black Board (OBB); defrauding of poor farmers by placing supply orders with the particular firm and receiving substandard materials (came to be known as Green House Scam); fraudulent selection as Member/Chairman of Assam Public Service Commission (APSC) for pecuniary gains; acquiring of huge movable and immovable properties disproportionate to known source of income; taking bribe and recovery of signed currency notes from the possession of the accused; releasing of loan installments on the basis of progress report of works without any assessment and certification of the same in collusion with the loanee etc.

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SUBHAMOY GUPTA Vs. STATE OF ASSAM

Referred Judgements :-

JUDGEMENT

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