FATIUR ALI Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) This criminal revision petition is so preferred by the petitioner Md Fatiur Ali - a car driver by profession under Section 482 read with Section 397/401 of the Cr. P.C. against the order dated 30-6-99 passed by the learned Sessions Judge, Kamrup at Guwahati in Sessions Case No 9 (K)/99 by virtue of which under the provisions of Section 228(1)(b) of the Cr. P.C., after hearing the P. P. and the learned counsel for the present petitioner being one of the accused in the said Sessions Case arising out of Latashil P. S. Case No. 70/95, CBI Case No. RC-9/SCB-9/S/95-Calcutta has framed charge as far as the present petitioner is concerned under Sections 302/114, IPC. According to the present petitioner there is no sufficient ground for proceeding against the present accused who would have rather been discharged under Section 227 of the Cr. P.C. though chargesheet was submitted even against the petitioner Md Fatiur Ali by the CBI on 7-10-98, a copy of the chargesheet being filed marked as Annexure-XI. Thus on the grounds mentioned in this criminal revision petition prayer is that allowing the proceeding to continue against the present petitioner Md Fatiur Ali would be nothing but the abuse of the process of the Court and therefore, in order to secure the ends of justice, prayer is that by exercising inherent powers as far as this petitioner is concerned, impugned order dated 30-6-99 be set aside and the said criminal proceeding so initiated which has now commenced for Sessions trial under Chapter XVIII of the Cr. P.C. against Md Fatiur Ali be rather quashed.

(2.) It transpires that in this criminal revision petition notice of motion was so issued on 18-8-99 and the matter being listed for admission, prayer so made on 24-8-99 on behalf of both side lawyers was that since there is urgency because of in the sessions trial learned Sessions Judge had fixed date for examining the prosecution witnesses, this criminal revision petition be disposed of at this stage itself and in that light the hearing was so taken up, Petition Md Fatiur Ali is represented by the learned senior counsel Shri PK Goswami and the CBI is represented by Shri DK Das, special P. P., CBI. Both side lawyers are heard.

(3.) The short history of the prosecution case giving rise to this criminal revision petition is that on 31-7-95 at about 22.15 hrs. double murder was so committed in the rented house occupied by Smti Karabi Das (since deceased) wife of Sri Ujjal Kr Das along with her minor daughter Chandrani Dharitri Das alias Dubori at Ambari in the heart of the Gauhati town, the first informant being Sri Prabal Das on the basis of which Latashil P. S. Case No. 70/95 got so registered. There was also one G. D. entry being G. D. Entry No. 920 dated 31-7-95. Later on it is by the order of this Court in C.R.No. 3587/95 dated 22-9-95 that the CBI took the investigation of this case. It also transpires that at the time of the alleged occurrence Sri Ujjal Kr Das was out of station and there were only four persons in the house i.e. Smti Karabi Das (since deceased), her daughter Chandrani Dharitri Das alias Dubori, the maid servant Miss Manju Dey and about 6 years old son of Smti Karabi Das wife of Sri Ujjal Das namely Angshuman. In course of investigation so conducted, it further transpires that the statement of Miss Manju Dey with that of Angshuman Das the minor son were so recorded under Sections 161 and 164 Cr. P.C. by the police and subsequently also by the CBI officers and the Judicial Magistrate copies of which are filed marked as Annexures III to VIII. Statement of the present petitioner Md Fatiur Ali who happened to be the driver of Shri Bhagya Kalita is also so recorded under Section 164, Cr. P.C. on 18-8-95 a copy of which is also filed for perusal marked as Annexure-VIII. It is after the completion of the investigation by the CBI that the chargesheet was submitted vide chargesheet No. 3/98 dated 7-10-98 in CBI Case No. RC/S/95-Calcutta in connection with the FIR dated 6-11-95 relating to this occurrence. The CBI, Special Crime Branch sent up for trial Shri Bhagya Kalita against whom charge is so framed on the same day by the learned Sessions Judge, Kamrup at Guwahati under Section 302, IPC for the said double murder so committed on 31-7-95 and the other person sent up was Md Fatiur Ali, the present petitioner against whom charge is framed under Section 302/114, IPC. The third man against whom also in course of investigation the CBI found material is one Sri Bhupen Medhi found absconding.