ARNAB DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an application, under Section 482 of the Cr.PC, seeking quashment of the FIR, dated 13.06.2017, on the basis of which the ACB Police Station Case No. 4/2016 has been registered in respect of the petitioner.

(2.) The fact, leading to the aforesaid FIR, is that the Government constituted a District Level Selection Committee (DLSC) for different districts including the districts of Nagaon, Dhubri and Barpeta for selection of UB Constables. The present petitioner was one of the members of the DLSC for the district of Nagaon. At that relevant point of time, the present petitioner was the Commandant of 9th AP Battalion, Barhampur in Nagaon district. There were news paper reports that in the selection process of the UB Constables, there were anomalies and some touts were demanding money from various candidates amounting to Rs. 3 to 4 lakhs each for their recruitment.

(3.) On the basis of such news paper reports, the Government formed an SIT for a regular enquiry of the issues of anomalies, etc. On the basis of the report of the SIT; the FIR involved in this case was lodged, amongst others against the present petitioner. According to the petitioner, materials collected by the SIT in its enquiry did not reveal any allegation against him, and therefore, the FIR could not have been registered against him. He has also raised some other deficiencies in the procedures adopted by the Government in the process of the enquiry. He has sought for quashment of the FIR specifically on the following grounds:-