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2006 Supreme(Gau) 258

BIPLAB KUMAR SHARMA
Debabrata Saikia – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared
For Appellant/Petitioner/Plaintiff: A.K. Bhattacharya, Sr. Adv., A.K. Das and I. Das, Advs.
For Respondents/Defendant: D.K. Das, Sr. Adv. and M. Devi, Adv.

ORDER

B.K. Sharma, J.

1. This criminal revision is directed against the order passed by the learned Special Judge, CBI, framing charge against the petitioner.

2. I have heard Mr. A. K. Bhattacharya, learned Sr. Counsel, assisted by Mr. A. K. Das, learned Advocate for the petitioner. I have also heard Mr. D. K. Das, learned Sr. Counsel and standing counsel, CBI, assisted Mrs. M. K. Devi, learned Advocate.

3. The petitioner along with 37 others have been arraigned as accused persons in Special Case No. 81/2004 now pending in the Court of the learned Special Judge, CBI, Guwahati. The petitioner is the accused No. 32. The Deputy Superintendent of Police, CBI, Special ACU-II, New Delhi filed charge-sheet dated 15-7-1998 on the basis of the investigation of the case No. RC. 3(A)/94-ACU-II dated 17-5-1994.

4. The prosecution can as set up in the charge-sheet and the documents filed along with the charge-sheet is that a case under Sections 120-B, 409, 468, 420, IPC and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act was registered by the Anti-Corruption Bureau, Assam on the basis of the FIR No. 12 dated 3-7-1993. The case was subsequently transferred to the CBI vide































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