RAKESH KUMAR PAUL Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. K. Choudhury, learned Senior Counsel assisted by Mr. S. Das, learned counsel for the petitioner. Also heard Mr. M. Phukan, learned Public Prosecutor assisted by Mr. P. P. Dutta, learned Special Public Prosecutor, APSC.

(2.) This is an application under Sec. 482 of the Code of Criminal Procedure, 1973 read with Article 227 of the Constitution of India for setting aside and quashing the impugned Orders dtd. 24/1/2024, 3/2/2024, 5/2/2024 and 7/2/2024, passed by the learned Special Judge, Assam in Special Case No. 05/2021, and also further prayed to allow the Petition No. 1961/2023 directing the prosecution to disclose the name of the persons who appeared in the Office of the APSC on behalf of the Prosecution and also to disclose the names and particulars of the Officials of APSC with whom the Prosecution established contact and further prayed to allow the petitioner to inspect the office files/records lying in the Office of the APSC and allow him to submit the list of Defence Witnesses and Documents in terms of the prayer made in the Petition No. 1916/2023.

(3.) It is submitted by Mr. M. K. Choudhury, learned Senior Counsel for the petitioner, that in pursuant to the registration of the F.I.R., being Dibrugarh P.S. Case No. 936/2016, the petitioner was arrested on 4/11/2016, which is also pending for trial before the Court of learned Special Judge, Assam as Special Case No. 02/2017. Thereafter, Bhangaghar P.S. Case No. 159/2017 was also registered against the present petitioner and after a long period of incarceration, the petitioner was granted with the bail. The investigation of this case was carried out over a period of 3 years, 1 month and 23 days till the submission of the 6th Supplementary Charge-Sheet on 9/10/2020 and thus, the instant Special Case No. 05/2021 was registered only on 21/1/2021, i.e. after a lapse of 3 years 3 months and 13 days from the date of filing of the Charge-Sheet on 9/10/2017. The charges were finally framed against the present petitioner under Ss. 120(B)/420/468/409 of the Indian Penal Code read with Ss. 7/13(1)/(a)(b)(d)/13(2) of the Prevention of Corruption Act, 1988 vide Order dtd. 18/12/2021. The first witness of the present case was examined only on 6/4/2022, i.e. after the delay in trial for about 4 years 5 months and 29 days, and till date, there is no instances of stay of the proceeding of the Court. However, one transfer petition, Tr. Pet. (Crl) No. 16/2023, under Sec. 243(2) of the Cr.P.C., was filed, but the same was dismissed by this Court vide Order dtd. 18/1/2024.