RAHUL KUMAR Vs. CENTRAL BUREAU OF INVESTIGATION CBI

JUDGEMENT

(1.) Heard Mr. J.I. Borbhuiya, learned counsel appearing for and on behalf of the petitioner as well as Mr. S.C. Keyal, learned standing counsel for the C.B.I., appearing for the respondent No.1.

(2.) By filing this petition u/s.482, read with Section 397/401 CrPC, the petitioner prays for setting aside and quashing the entire proceeding of C.R. Case No.1183 C/2009, originating from the FIR No.RC.2/S/2007-Kol, dated 21.06.2007 along with consequential order dated 27.09.2013, passed on Petition No.104, by the learned Juvenile Justice Board at Dibrugarh.

(3.) The case of the petitioner is that on 21.06.2007, the C.B.I., without having any notification of the concerned authority or any order from any Court, registered an FIR vide FIR No.RC.2/S/2007-Kol, dated 21.06.2007 and started investigation of the matter, despite the fact that the CBI was not granted consent as required under the law. On completion of the investigation, charge sheet was filed before the learned Special Judicial Magistrate, 1 st Class, Assam at Guwahati. Accordingly the learned trial Court registered the C.R. Case No.1183 C/2009, u/s.120-B/420/471 of the IPC and took cognizance of the case vide order dated 26.03.2009 and issued summons to the petitioner.