KRISHNA KUMAR DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition, under Section 482 of Code of Criminal Procedure, has been filed by Sri Krishna Kumar Das for quashing the order the supplementary chargesheet dated 24.12.2012 filed by the Inspector of Police, CBI/EOW/Kolkata in the Court of Special Judge, CBI, Assam, Additional Court No. 1 in Case No. RC 4/E/2009-Kol dated 24.2.2009 on the basis of FIR dated 15.8.2006 being Titabor P.S Case 79/2006.

(2.) The petitioner states that the Adjutant, 3rd Assam Police Batellion, Titabor lodged an FIR, dated 15.8.2008, before the Officer in Charge, Titabor Police Station alleging that as per departmental procedure, Sri Lankeswar Das, Subedar Major of the said battalion was entrusted for disbursing the salary for the month of June, 2006 of the battalion headquarters personnel drawn in July 2006 and accordingly, on 17.07.2006, an amount of Rs 26,01,323/-, vide cheque No. 28 dated 15.07.2006 and Rs 14,67,821/- vide payee cheque number 31 dated 15.07.2006, in total of Rs 40,69,144/-, were received by Sri Lankeswar Das and he disbured Rs 22,30,434 and rest amount of Rs 18,38,710/- were wilfully retained by him without reporting the matter to the higher authority. On scrutiny of the disbursement record of the Office, said Sri Lankeswar Das confessed that the balance amount were divided amongst himself, Sri Dadul Ch Borah, AB SI and Sri Jiban Sarmah Pathak in a manner that Sri Lankeswar Das took Rs 5 lakh, Sri Dadul Ch Borah took Rs 7,38,710 and Sri Jiban Sarmah Pathak took Rs 6 lakh. On the strength of the FIR to this effect, a case under Section 409 IPC was registered, vide Titabor P.S Case No. 79/2006.

(3.) Thereafter, the Commandant 3rd APBn, Titabor, lodged a supplementary FIR dated 20.8.2006 stating therein that in continuation with the earlier FIR dated 15.8.2008, it was found during inquiry that Assam Police Battalion, Sub-Inspector, Sri Jibesh Das was entrusted to disburse the salary of the battalion personnel for the month of June 2006 with an amount of Rs 8,84,156 vide pay cheque No. 17 and he disbursed Rs 4,43,875 and handed over Rs 1,94,818 to the head assistant. The balance amount of Rs 2,45,463 was kept with him without informing the authority and later the said amount which was kept by AB SI Sri Jiban Sarmah Pathak. On the strength of this supplementary FIR a Titabor P.S G D Entry 617 dated 20.8.2006 under Section 409/120B/420 IPC was registered.