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2011 Supreme(Gau) 1001

P.K.MUSAHARY
Bidhi Chand Dhiman – Appellant
Versus
Central Bureau of Investigation (CBI) – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Mr. Z. Alam, Mr. B. Bishaya, Mr. Z. Kamar and Mr. T. Das
For Respondents/Defendant: Mr. P.N. Choudhury, SC, CBI

JUDGMENT

P.K. Musahary, J.

1. Both the petitions are heard analogously and proposed to be disposed of by this common judgment and order. These petitions are directed against a common judgment and order dated 15.7.2011 passed by the learned Special Judge, CBI, Assam, Guwahati in Special Case No. 3 of 2009 by which charge was framed against the accused petitioners under Section 12 of the Prevention of Corruption Act, 1988 (in short P.C. Act only) read with Section 120B, IPC.

2. The facts of the case which led to framing of charge against the accused petitioners are that one Sri N.G. Khamrang, Inspector of Police, CBI, Anti Corruption Branch (ACB), Guwahati lodged an FIR on 24.1.2009 with Superintendent of Police, CBI ACB stating inter alia that one Shri Bidhi Chand Dhiman, who was deputed as Nodal Officer to liaise with CBI relating to allegation of sub-standard construction/repairing of bye lanes by the NBCC requested him on 20.1.2009 to close the matter and induced to bribe the informant. The said B.C. Dhiman again came on 24.1.2009 at 11.45 a.m. to informant's office and made the same request to him. The accused-petitioner, Shri B.C. Dhiman induced to bribe Rs. 5 lacs for which he in























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