TAKAM SORANG Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Heard Mr. P. K. Deka, learned counsel for the petitioner. Also heard Mr. M. Haloi, learned Standing Counsel, CBI, appearing on behalf of the respondent.

(2.) This is an application under Sec. 401 and Sec. 397 of the Code of Criminal Procedure, 1973, read with Article 227 of the Constitution of India, against the impugned order dtd. 6/2/2023, passed by the learned Special Judicial Magistrate 1st Class, Kamrup (M), Guwahati, in C.R. Case No. 1766/2015, whereby, the Petition No. 3753, filed by the Petitioner under Sec. 239 Cr.P.C. for discharging the petitioner, was rejected.

(3.) The brief facts of the case is that on 21/4/2012, an F.I.R. was lodged by one Er. Markio Tado, the then M.L.A., 20-Tali (ST) A/C, Arunachal Pradesh, against the present petitioner, alleging inter alia that the petitioner, being the proprietor of M/S Rangne Enterprise, had taken a loan to the tune of Rs.4.50 Crores from IDBI Bank Ltd., MSME Department, G.S. Road Guwahati, by producing some false and fabricated documents and accordingly, the case was registered as R.C. 6(A)/2013-GWH, under Ss. 420/468/471 of the Indian Penal Code. Accordingly, after investigation, the Charge-Sheet was submitted by the CBI on 30/6/2015, under Ss. 420/468/471 of the Indian Penal Code, before the learned Special Judge, C.B.I., Assam, Guwahati, and vide order dtd. 2/7/2015, the case was transferred to the Court of learned Special Judicial Magistrate 1st Class, Kamrup(M), Guwahati, and accordingly, the learned Magistrate issued summon to the petitioner. On receiving the summon, the petitioner appeared before the said Court praying for allowing him to go on bail and accordingly, he was allowed to go on bail and the trial commenced. Thereafter, the petitioner appeared before the learned Court below and a copy of the case record was furnished to him and the matter was fixed for hearing on charge. The petitioner, accordingly, filed a petition under Sec. 239 Cr.P.C. for his discharge, wherein, the CBI also submitted the objection. Thereafter, the learned Special Judicial Magistrate 1st Class, Kamrup(M), Guwahati, vide its order dtd. 28/2/2019, illegally rejected the said prayer for discharge without discussing all the materials on the record. Challenging the said order, the petitioner filed a criminal revision petition before this Court, which was registered as Crl. Rev. Petn. No. 242/2019, and accordingly, this Court, vide order dtd. 24/6/2019, was pleased to set aside and quash the order dtd. 28/2/2019, passed by the learned Special Judicial Magistrate 1 st Class, Kamrup(M), Guwahati, and remanded the matter before the said Court with an observation to reconsider the issue of framing charge afresh by reflecting all the materials available in the records.