RAMENDRA NATH DAS Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) This criminal petition has been filed praying for quashing the charge-sheet No. 5/2018 submitted against the petitioners in S.V.C. Police Station Case No. 3/2017 under Sections 120(B)/406/468/471/409/420 IPC read with Sections 13 (2) of the P.C. Act, as well as the prosecution sanction granted under Section 19 of the Prevention of Corruption Act.

(2.) An FIR was lodged alleging misappropriation and release of public fund without completion of the work in respect of Na-bil Pathar Gully Control Project 2012-2013 and Telia Pathar Gully Control Project 2013-2014. Estimated cost of the above mentioned projects were Rs. 20 lakhs and Rs. 26 lakhs respectively. Upon completion of investigation, charge-sheet was laid against the present petitioners u/s 120(B)/406/468/471/409/420 IPC read with Sections 13 (2) of the P.C. Act for misappropriation of public fund in respect of Na-bil Pathar Gully Control Project 2012-2013 and Telia Pathar Gully Control Project 2013-2014. Prosecution sanction was also accorded by the Secretary to the Government of Assam in the Soil Conservation Department.

(3.) Aggrieved by the charge-sheet and the sanction accorded for prosecution, the petitioners have approached this court by filing the instant petition u/s 482 Cr.P.C. praying for quashing the proceeding and also the prosecution sanction granted u/s 19 of the P.C. Act. Subsequently by filing an additional affidavit, it was also brought to the notice of this court that in the meantime, learned trial court has framed charges against the petitioners u/s 120(B)/406/468/471/409/420 IPC read with Sections 13 (2) of the P.C. Act.