BARNABAS MILTON QUEAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R.P. Sarma, learned Senior counsel assisted by Mr. D. Doley, learned counsel for the petitioner. Also heard Mr. M. Phukan, learned Public Prosecutor for the State/respondent.

(2.) The petitioner has filed an application under Sec. 482 Cr.P.C., 1973 praying to quash the impugned criminal proceeding for taking cognizance as well as framing of charge by the learned Special Judge, Assam in connection with Special case No. 01/2011 under Sec. 420/468/471/120(B) read with Sec. 13(1)(d)(ii)/13(2) of Prevention of Corruption Act, 1988.

(3.) The brief facts of the case is that a reference was made by the Chief Minster's Special Vigilance Cell being SVC RE No. 34/2002 against the District Rural Development Agency (herein after referred to as "DRDA") officials of Cachar for their alleged irregularities, anomalies, embezzlement of fund in implementation of some scheme from 1998 to 2002. An enquiry was conducted and on the basis of said enquiry, an FIR was lodged on 27/9/2005 by the Additional Superintendent of Police, Chief Minster's Special Vigilance Cell, Assam, which was registered and numbered as C.M. Vigilance P.S. Case No. 03/2005 under Sec. 420/468/471/120(B) of IPC read with Sec. 13(1)(d)(ii)/13(2) of Prevention of Corruption Act, 1988(herein after referred to as "P.C. Act,1988"). As many as 19 (nineteen) officials including the present petitioner who was then working as the Project Director of DRDA, Cachar was arrayed in the proceeding.