SYED MUHIBUR RAHMAN Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Heard Mr Z Kamar, learned counsel for the petitioner and Mr. SC Keyal, learned Standing Counsel, CBI.

(2.) By way of this application, the petitioner has sought for quashing of the order dated 11.01.2019 passed by the learned Special Judicial Magistrate 1st Class, Assam in CR Case No.4232/2018 whereby the learned trial court has taken cognizance of the offence against the present petitioner as an accused after filing of the charge-sheet.

(3.) Mr Z Kamar, learned counsel for the petitioner has laid before this court the relevant documents that has been filed and made a submission that the petitioner herein is referred as a witness No.34 in the charge-sheet but however, the learned trial court after perusing the charge-sheet at the time of taking cognizance on 11.01.2019 has taken cognizance of the offence under Section 120(B)/420/423/467/468/471/511 against 53 accused persons and has also equally held the present petitioner as accused and directs him to face the trial. Relevant portion of the order is reproduced below: