JODHRAJ BAID Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Writ Petition (C) No. 5628/2003 was heard by the learned Single Judge, who vide order dated 6.5.2004 referred the matter to the Hon'ble Chief Justice and accordingly the matter has been listed before this Bench along with WP (C) No. 5832/2003. Both the cases were heard together.

(2.) We have heard Mr. N. Dutta, learned Senior Advocate assisted by Ms. B. Bhuyan, learned counsel for the Petitioner. Also heard Mr. P. Pathak, learned Advocate General for the State of Mizoram and Mr. B. C. Das, learned Standing Counsel for the Respondent No. 4.

(3.) The Petitioner before us, Sri Jodhraj Baid is arrayed as an accused in Criminal Trial Case No. 1326/1996 arising out of Aizawl P.S. Case No. 631/1996 under Section 120 (B) IPC, R/W Section 7/12/1 13(l)(d)/13(2) of the Prevention of Corruption Act, 1988 (for short the Act), which is pending before the Special Judge, Aizawl, Mizoram. Besides the petitioner, there are other accused persons. The facts of the above Aizawl PS case are not relevant for the purpose of considering this Writ Petition and as such we do not propose to refer to them.