RAM NARAYAN SHARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) By way of this application under Section 482 of the Code of Criminal Procedure (CrPC), the petitioners Sri Ram Narayan Sharma and Sri Sone Kalita pray for quashing of the order dated 28.04.2015 passed by the learned Special Judicial Magistrate, Assam at Guwahati in C.R Case No. 2617/1998.

(2.) The fact necessary for adjudication of the present application may be set forth as follows;

(3.) On 27.06.1994, an FIR was registered by the Central Bureau of Investigation (CBI) being RC 6(S)/94-SIU.VIII under Section 120B/420/468/471 of Indian Penal Code (IPC) read with Section 13(2) and 13 (1)(d) of the Prevention of Corruption Act, 1988. It was alleged in the FIR that during the period of 1990-1992, one Mr. Jagannath Sharma (since deceased), Managing Director of M/S Brahmaputra Valley Regional Handloom Weavers Co-operative Society Ltd. Ambari, Guwahati, Assam, manipulated the accounts of M/S Brahmaputra Valley Regional Handloom Weavers Co-operative Society Ltd. thereby amassing huge wealth. On completion of the investigation, a charge-sheet was laid against M/S Brahmaputra Valley Regional Handloom Weavers Co-operative Society Ltd. and one Jagannath Sharma (since deceased) for offences under Section 120B/420/468 of (IPC).