SARBANANDA MALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) All the above petitions, challenge has been made to the proceeding of Special Case No. 28 of 2012 pending in the Court of Special Judge, Assam, Guwahati and certain orders thereof, hence all the cases are taken up together for disposal by way of this common judgment and order.

(2.) The facts in nutshell is that one A. K. Trivedi, A.C.S., lodged an FIR before the Officer-in-Charge, Kokrajhar Police Station on 2.6.2006 stating inter alia that the Platoon Commandant of Home Guard Office, Kokrajhar have cheated several other Homeguards. Accordingly, Kokrajhar P.S. Case No.137/06 U/S 7 of the Prevention of Corruption Act, 1988 was registered. On completion of the investigation police submitted final report as on 14.12.2011 and then the learned Special Judge served notice upon the informant to file his response. Thereafter, by an order dated 9.1.2012 the learned Special Judge rejected the final report and directed the S.P., Kokrajhar to re-investigate the case and submit appropriate report. In pursuance to the aforesaid order reinvestigation was carried out and charge-sheet was submitted against Dharmaduttta Rava and Sarbananda Mali U/S 7 of the Prevention of Corruption Act and the Court upon taking cognizance of the offence proceeded for trial in Special Case No. 28 of 2012 against said two accused person Dharma Dutta and Sarbananda Mali.

(3.) During the trial prosecution examined. number of witnesses and subsequently by the order dated 9.5.2013 the learned Special Judge took cognizance against three police officers namely, Hemanta Kumar Das, the then Addl. S.P.Kokrajhar, Prasanta Kumar Dutta, the then S.P.Kokrajhar and Sri Abdus Shubhan Laskar the then I.O.of the said case U/S 120B/217/218 IPC with the following observation: