STATE OF SIKKIM Vs. ASAL KUMAR THAPA

JUDGEMENT

(1.) The State of Sikkim has preferred the revision petition seeking to invoke the powers of this court under sections 397 and 401 of the Code of Criminal Procedure, 1973 (Cr.P.C.) against the order dated 13.12.2019, passed by the learned Special Judge (PC Act, 1988), East Sikkim at Gangtok, in Sessions Trial (Vigilance) Case No. 01 of 2019 [State of Sikkim (Through Vigilance Department) v. Asal Kumar Thapa and Others].

(2.) On 15.11.2016, a First Information Report (FIR) was lodged at the Sikkim Vigilance Police Station, Gangtok, against respondent no.1, the then Director, Food Security and Agriculture Development Department (FS and ADD); respondent no.2, the then Additional Director, FS and ADD; respondent no.3, Joint Director/IPM/INM, FS and ADD and Ringzing Doma Bhutia, Senior Accounts Officer-cum-D&DO, FS and ADD; Lily Bhutia, Manager, Srijanasil Labour Women Cooperative Society; Pasangkit Lepcha, President, Srijanasil Labour Women Cooperative Society and others unknown, for commission of offences under section 13(1)(d) read with section 13(2) of the Prevention of Corruption Act, 1988 (PC Act, 1988). A Regular Case No. R.C. 14 of 2016 was registered and taken up for investigation.

(3.) Charge-sheet no. 1/SUPS/19 dated 29.07.2019 was filed against the three respondents for commission of offences punishable under sections 120B, 420, 468, 471 of the Indian Penal Code, 1860 (IPC) and under section 13(1)(d) read with section 13(2) of the PC Act, 1988. According to the charge-sheet, as no evidence could be found to attribute criminality to the acts of Rinzing Doma Bhutia, Pasangkit Lepcha and Lily Bhutia, a prayer was made for their discharge. It was further prayed that Pasangkit Lepcha and Lily Bhutia may be taken as approvers in the case. Amongst the 59 persons listed as prosecution witnesses, Rinzing Doma Bhutia, Lily Bhutia and Pasangkit Lepcha were also listed. The statements recorded under section 161 Cr.P.C. were also part of the charge-sheet. 59 documentary evidence formed the list of documents filed along with it. According to the learned Public Prosecutor, charges are yet to be framed.