This is an application under section 397 (1) read with section 401 of the Code of Criminal Procedure, 1973 and Article 227 of Constitution praying for quashing the order dated 18.8.1998 of the learned Special Judge, Assam at a Guwahati in Special Case No. 16(C)/98 taking cognizance of the offences under the Indian Penal Code and the Prevention of Corruption Act, 1988 against the petitioner.

2. The relevant facts briefly are that on or about 3.7.1993, FIR No. 12/93 was registered under sections 409, 468, 420 and 120B, Indian Penal Code (for short, IPC) and section 13 (2) read with section 13 (1) (d) of the Prevention of Corruption Act, 1988 (for short, PC Act, 1988) by the Anti-Corruption Branch, Assam, Guwahati. The case was thereafter transferred by the Govt of Assam to the Central Bureau of Investigation (for short, CBI) for further investigation and registered afresh as RC 3(A)/94ACU(II). After further investigation, the CBI filed a charge sheet dated 15.7.1998 in the Court of Special Judge, Assam, at Guwahati against 39 accused persons including Sri PK Mahanta, Chief Minister of Assam and the petitioner. So far as the allegations against the petitioner are concerned, it is state

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