SAMIN DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. K. Talukdar, and Mr. P. K. Deka, learned counsel, for their respective petitioners. Also heard Ms. S. Jahan, learned Addl. Public Prosecutor, Assam.

(2.) The prosecution case, in brief, is that one Dr. Tilak Saikia, District Elementary Education Officer(DEEO), Nalbari, lodged a First Information Report(FIR), on 208.2006, before the Officer-in-Charge of Nalbari Police Station, alleging, interalia, that the above named petitioners and others, during the period 1999 to 07.08.2006, criminally conspired to make appointment of elementary school teachers numbering about 436 in Nalbari district of Assam without authority by adopting the means of forgery, manipulation, tampering of documents and showing the appointees as on transfer with post from other places outside the Nalbari district, in consideration of crores of rupees. They also allegedly facilitated drawal of salaries of the illegal appointees. The said First Information Report(FIR) was registered as Nalbari P.S. Case No. 202/2006 and after completion of investigation, submitted charge-sheets under Sections 120B/468/420 IPC read with Sections 7/13 of the Prevention of Corruption Act, 1988(for short, 'PC Act'). The above petitions have come up for consideration when the learned Special Judge, Assam, proceeded/framed charges against the petitioners under Sections 120B/409/468/471 IPC read with Sections 13(1)(c)(d)/13(2) of the PC Act.

(3.) The above revision petition No. 02/2014 under Section 401 read with Section 397 of the Code of Criminal Procedure, (Cr.P.C.) 1973, has been filed by the petitioner, for setting aside the impugned order, dated 27.11.2013, passed by the Court of the learned Special Judge, Assam, Guwahati, in Special Case No. 01 of 2013 whereby the Court below was proceeding to frame charges, amongst others, against the petitioner u/s 120B/409/468/471 IPC read with Section 13(1)(c)(d)/13(2) of the PC Act, 1988, and further, for quashing of all further proceedings, thereof, against him.