GOUTAM DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. D. K. Baidya, learned counsel for the petitioners. Also heard Mr. S. A. Ahmed, learned counsel for the respondent no. 2 and Mr. R. R. Kaushik, learned Additional Public Prosecutor for the State of Assam.

(2.) By filing this Application under Sec. 482 of Code of Criminal Procedure, the petitioners are seeking quashing of the impugned order dtd. 21/1/2019 passed by the Learned Judicial Magistrate First Class, Hojai directing the registration of the FIR in Lanka P.S. Case No. 105/2019 under Sec. 156(3) CrPC and the consequent registration of the FIR being Lanka P.S. Case No. 105/2019 registered under Sec. 420/468/409 of IPC read with Sec. 7 and 13(1) (c)(d) of the Prevention of Corruption Act.

(3.) The case of the prosecution in brief is that on 17/9/2018 the complainant filed a complaint petition before the Court of learned SubDivisional Judicial Magistrate, Hojai alleging inter-alia that the FIR mentioned accused/petitioner nos. 1 and 2 submitted false bills for building materials for the construction of Bharat Nirman Rajib Gandhi Sewa Kendra Building under Kandura Buragaon Gaon Panchayat for the session 2016-17 and 2017-18 and a false completion report was provided by the concerned J.E. and public money was misappropriated in-connivance with the B.D.O. and J.E.