MRIGEN HALOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.M Bora, learned senior counsel assisted by Mr. V.A. Chowdhury, learned counsel for the petitioner. Also heard Mr. M Phukan, learned Public Prosecutor, State of Assam and Mr. S.K.Talukdar, learned counsel for the respondent No.2.

(2.) The present application under Sec. 482 Cr.P.C read with Sec. 397 and Sec. 401 of the Code of Criminal Procedure, 1973 is filed assailing an order dt. 5/11/2022 passed by the learned Special Judge, Assam in Spl. Case No.5/2021, whereby a petition filed under Sec. 319 of the Cr.P.C seeking the respondent No.2 to be arrayed as an accused was rejected on the ground that the respondent No.2 is a whistle blower and his statements are protected under Sec. 24 of the PC Act, 1988.

(3.) The background facts in which the aforesaid application was filed can be summarized as follows: