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2015 Supreme(Gau) 993
GAUHATI HIGH COURT
P.K. Saikia, J.
Sarat Ch. Hazarika - Petitioner
Versus
State of Assam and Anr. - Respondents
Crl. Pet. No. 761 of 2014
Decided on : 7-4-2015
Advocate Appeared:
For the Petitioners:A.M. Bora, Advocate.
For the Respondent: Z. Kamar, Learned Additional Public Prosecutor.
Headnote:
Criminal Procedure Code,1973 – Section 482 – Indian Penal Code, Section 120(B)/409/468/471 – P. C. Act, 1988 – Section 13 (2) – First Information Report – Seeking quashing of such order – Criminal petition is directed against the order passed by Spl. Judge, Assam Guwahati in Special Case framing charges against as many as 13 (Thirteen) accused persons including present petitioners, namely, IPC read with Section 13 (1) (c) (d) read with Section 13 (2) of the P. C. Act, 1988 – Being aggrieved by the framing of charges against them under the aforesaid provisions of law, the petitioners, herein, approached this Court by way of application u/s 482 Cr.P.C. seeking quashing of such order – Court have heard, learned counsel for the petitioners and also heard, learned Addl –Held, Selective conduct of the petitioners in complying with one part of the order (s), found favourable to the petitioners, and, in ignoring other part of such order (s) which are against the terminated teachers appointed most illegally, in my opinion, in facts and circumstances of the case in hand, raises a strong suspicion about all the accused persons working hand-in-glove with the terminated teachers in allowing them to continue in their services – Above being the position, Court of the considered opinion, that one cannot find fault with the order under which the petitioners and others similarly situated accused persons stood charged under various provisions of the IPC and the Act of 1988 and consequently Court have found no difficulty in upholding the plea raised, learned Public Prosecutor on holding that the decisions, relied on by, learned counsel for the petitioner had no obligations to the case in hand – Consequently, this proceeding is dismissed.
P.K. Saikia, J. – This criminal petition is directed against the order dated 22.7.2014 passed by Spl. Judge, Assam Guwahati in Special Case No. 5 of 2011 framing charges against as many as 13 (Thirteen) accused persons including present petitioners, namely, (1) Sarat Ch. Hazarika, (2) Phuleswar Konch & (3) Anadhar Doley u/s 120(B)/409/468/471 IPC read with Section 13 (1) (c) (d) read with Section 13 (2) of the P. C. Act, 1988.
2. Being aggrieved by the framing of charges against them under the aforesaid provisions of law, the petitioners, herein, approached this Court by way of application u/s 482 Cr.P.C. seeking quashing of such order.
3. I have heard Mr. A.M. Bora, learned counsel for the petitioners and also heard Mr. Z. Kamar, learned Addl. Public Prosecutor appearing for the State.
4. Before I could proceed further, I find it necessary to look at the facts and circumstances which gave rise to Special Case No. 5 of 2011. The case, so projected by prosecution is that the accused persons namely, (1) Jogendra Bora, (2) Anadar Doley, (3) Poleswar Konch, (4) Sarat Hazarika, (5) Lakhinath Das, (6) Tilak Saikia (7) Mrs. Niroda Doley Pegu, (8) Krishna Kt. Baruah, (9) Indeswar Bora, (10) Phatik Ch. Doley (11) Paresh Ch. Neog (12) Kamal Hussain (13) Anuram Das had been working in different capacities in Dhemaji and Lakhimpur Districts, such as, District Elementary Education Officer (in short DEEO), Block Elementary Education Officer (in short B.E.E.O.), Deputy Inspector of Schools (in short D.I. of Schools) during the period from 1992 to 2007.
5. It is alleged that in 1989, a total number of 752 stipendiary teachers were appointed by D.I. of Schools in Dhemaji and Lakhimpur districts against as many numbers of non-existent posts of stipendiary teacher. However, when the matter was detected and was brought to the notice of the higher authorities, services of those stipendiary teachers were terminated on 18th May, 1992 after making one-time payment of salaries for 29 (Twenty Nine) months to those teachers since they were found working till such date, of course quite illegally.
6. It is alleged that out of 752 stipendiary teachers so terminated, 355 number of teachers continued to work till 2007 illegally for which the petitioners aforesaid, along with other officers, who stood charged under various provisions of Indian Penal Code (in short IPC) as well as the Prevention of Corruption Act , 1988 (in short, the Act of 1988) under the order dated 22.07.2014 in Spl. Case No. 5 of 2011, continued to prepare the budgetary estimate for those terminated teachers most illegally and forwarded the same to the office of Director, Elementary Education, Kahilipara from time to time who, in turn, made necessary budgetary allocation for payment of salaries to those terminated teachers till August, 2007 causing huge financial loss to the State exchequer.
7. An FIR with aforesaid allegations having been lodged with O/C CID, Police Station, a case was registered on such FIR, vide CID PS case No. 02/2008 U/s 120(B)/420/406 IPC and the matter was ordered to be investigated into by an officer of competent to investigate such a case and on conclusion of investigation, Investigating Agency submitted charge-sheet u/s 120(B)/420/409 IPC read with Section 13 (2) of the P.C. Act, 1988 against the accused persons and forwarded them to the court to stand trial.
8. On the receipt of the charge sheet, so submitted, the court below took cognizance of the same and in due course, on hearing the parties, it was pleased to frame charge u/s 120(B)/409/461/471 IPC read with Section 13 (2) of the P. C. Act, 1988 vide order dated 22.07.2014 in Spl. Case No. 5 of 2011. It is that order which has been assailed in this criminal petition U/s 482 of CrPC.
9. Mr. A.M. Bora, learned counsel for the petitioner now submits that the order under challenge is unsustainable for reasons more than one. In the first place, it has been contended that while considering the charge, the court conc
