MOHET HOJAI, ASSAM Vs. UNION OF INDIA

JUDGEMENT

(1.) The challenge in the writ petition is the order dated 22.10.2013 of the learned Special Judge, CBI (Additional Court No.1) in Special Case No.12/2010. The petitioner has also prayed for a declaration that the criminal proceedings in the CBI SC No.12/2010 and 10/2010, now pending before the CBI Court are not maintainable in view of the provisions of The National Investigation Agency (NIA) Act, 2008. According to the petitioner, the aforesaid two cases are not maintainable in law in view of the proceeding against the petitioner and others in the NIA Special Court in the form of Case No.01/2009.

(2.) The petitioner, who is involved in NIA Special Case No.01/2009 has already been charge sheeted on 05.06.2009 u/s 120(B)/121/121(A) of the IPC read with Section 16/17/18 and 20 of the UA(P) Act. Presently, the proceeding in the said case is going on and as submitted by the learned counsel appearing for the respondents, as many as 32 prosecution witnesses have already been examined.

(3.) As stated in the writ petition, the NIA while investigating the aforesaid case, discovered certain facts of misappropriation of Government funds and criminal misconduct of public servant in the concerned Autonomous district and, therefore, the NIA issued a letter to the Government of Assam, Home and Political Department, informing about such discovery with a request to the authority to initiate appropriate action against the offenders under the PC Act and the IPC by handing over the investigation to the CBI.