LALITESWAR SHARMA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Heard Mr. D. Nandi, learned counsel for the petitioner. Also heard Ms. M. Kumari, learned Standing Counsel for the Central Bureau of Investigation (CBI).

(2.) The instant criminal petition under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has been filed by the petitioner for quashing of FIR No.RC-0172023A0010 dtd. 2/8/2023, pertaining to CBI, ACB, Guwahati, filed under Sec. 120-B IPC read with Ss. 7/7A of the Prevention of Corruption Act, 1988; the Charge-sheet No.08/2023 dtd. 13/11/2023 in RC0172023A0010, under Ss. 120-B IPC read with Ss. 7A and 12 of the Prevention of Corruption Act, 1988; the order dtd. 12/1/2024, passed by the learned Special Judge, CBI, Assam, Guwahati in Special Case No. 02/2024, taking cognizance of the offences under Sec. 120-B IPC read with Ss. 7A/12 of the Prevention of Corruption Act, 1988; and the impugned order dtd. 4/6/2025, passed by the learned Special Judge, CBI, Assam, Chandmari, Guwahati in Special Case No.02/2024, framing charges against the accused-petitioner under Sec. 120-B IPC read with Sec. 12 of the Prevention of Corruption Act, 1988.

(3.) It is the case of the accused-petitioner that while he was posted as Head Havildar at the Land Custom Station, Hatisar, District Chirang, Assam, a written complaint dtd. 1/8/2023 was filed by one Shri Suresh Kumar Nain before the CBI, ACB, Assam, Guwahati, alleging that his truck bearing Registration No.AS-01-PC-4691 was stopped at the Hatisar Integrated Check Post and that unknown custom officials demanded Rs.1,500.00 from the complainant's driver, Roman Ali, for allowing the truck to enter Bhutan. After certain verification by the CBI, the CBI registered an FIR on 2/8/2023, being FIR No. RC0172023A0010, under Sec. 120-B IPC read with Ss. 7 and 7A of the Prevention of Corruption Act, 1988, alleging that one Pawan Chaudhary had demanded illegal gratification on behalf of unknown Custom officials for clearing the complainant's truck bearing Registration No. AS-01-PC-4691. A trap was laid in connection with the said allegation, during which the accused-petitioner was arrested on suspicion along with the said Pawan Chaudhary.