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2016 Supreme(Gau) 293

IN THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
RUMI KUMARI PHUKAN, J.
Director, Central Bureau of Investigation - Petitioner
Versus
Tarun Chandra Goswami & Anr. - Respondents
Criminal Revision Petition No. 186 of 2015; Criminal Petition Nos. 446 & 526 of 2015
Decided On : 22-07-2016

Advocates:
Advocate Appeared:
For the Petitioner: Mr. P.N. Choudhury, Mr. B.M. Choudhury, Mr. U. Choudhury, Mr. S.K. Talukdar
For the Respondent: Mr. M. Choudhury, Ms. M. Kumari

Headnote:

Indian Penal Code,1860 - Sections 419, 468, 465, 471, 120B – Criminal Procedure Code,1973 - Section 319 – Cheating - lead to conviction - Guilt of accused - Petitions have been preferred against impugned order - Prosecution agency Central Bureau of Investigation also challenged impugned order by way of Criminal Revision Petition - As all petitions have been challenged same order passed by learned Special Judge and facts related to same story so all petitions are taken together for disposal by this common judgment and order - Claims were settled and payment was made in respect of such fraudulent claims thereby cheating EPFO - On investigation made by zonal Vigilance Directorate it was revealed that there was nexus between EPFO and establishment of Polo Mission UCO Bank State Bank of India Branch - As per aforesaid complaint while settling those nine claims Sub-Regional Office EPFO did not check receipts of contribution of those nine claims – Held, Constitutional Bench of Apex Court discussed above aspect and power and ambit of Section 319 Criminal Procedure case - Invariably the State would not oppose or object to naming of more persons as an accused as it would only help prosecution in completing chain of evidence unless witness is obliterating role of persons already facing trial - In view of all above discussions and findings it is found that there is no infirmity in order passed by learned trial Court as regards invoking of provisions U/S 319 Criminal Procedure Code far as four accused petitioners but so far as petitioner there is no implicating evidence to suggest his complicity to offence alleged so his name has been arrayed inadvertently only because he was also a Section Supervisor at relevant time - But evidence referred earlier dealt with above fictitious claims as a Section Supervisor - Petition disposed of

JUDGMENT :

All above petitions have been preferred against the impugned order dated 2.2.2015 passed by the learned Special Judge, CBI in Special Case No. 34 of 2006 wherein by invoking the provision of Section 319 Cr.P.C., the learned Court has newly added six accused persons in the said case namely, 1) Tshering Narbhog Bhutia, 2) Nava Kumar Hazarikia, 3) Subhod Chandra Rabha, 4) Muhiram Sonowal, 5) Promod Chandra Kalita and 6) Manabendra Chaudhury, holding that the aforesaid six persons shall also be tried together with the other accused already facing trial for the offences under Sections 120(b)/406/408/34 IPC and summoning them to face the trial in the aforesaid case.

2. Being aggrieved with the aforesaid order, the four newly impleaded accused persons namely, 1) Tshering Narbhog Bhutia, 2) Nava Kumar Hazarika, 3) Subhod Chandra Rabha, 4) Muhiram Sonowal have preferred the Criminal Petition No. 446/2015 .

One another newly impleaded accused Promod Chandra Kalita has preferred the Criminal Petition No. 526/2015.

The prosecution agency i.e. the Central Bureau of Investigation also challenged the impugned order by way of Criminal Revision Petition No. 186/2015.

As all the petitions have been challenged the same order, passed by the learned Special Judge, and the facts related to the same story, so all the petitions are taken together for disposal by this common judgment and order.

3. A written complaint was lodged on 25.9.2003 by Shri P.C. Patir, the then Deputy Director (Vigilance) Employees Provident Fund Organisation (in short EPFO), on the allegation that during the year 2000-2001 nine fraudulent/fictitious Provident Fund settlements in respect of members of M/s Donyi Polo Mission, Itanagar claims were filed in EPFO Sub-Regional Office, Tinsukia each about two lakhs in respect of persons who, were not employees. The claims were settled and payment was made in respect of such fraudulent claims thereby cheating the EPFO. On investigation made by zonal Vigilance Directorate it was revealed that there was nexus between the EPFO and the establishment of M/s Donyi Polo Mission, Itagagar, UCO Bank Itanagar, State Bank of India, Angarkhowa Branch. As per the aforesaid complaint while settling those nine claims, Sub-Regional Office, EPFO, Tinsukia did not check the receipts of the contribution of those nine claims. Though as per the standing instruction issued by the Corporate Headquarter, Assistant Accounts Officer (AAO) were authorised to pass claims upto 50 thousand only but in the said claims the concerned AAO Sri N. K. Hazarika passed the claim beyond Rs.50,000/- as per verbal as well as written order passed by the then Assistant Provident Fund Commissioner, Sri T.N. Bhutia, whereas it was not within his power. It was also alleged that Sri Manabendra Choudhury, AAO issued cheques beyond Rs.50,000/- in respect of final settlement even though he was not entitled to the same. In the process of such settlement of nine fictitious claims a sum of Rs.19,39,848/- was siphoned on the basis of forged and fictitious papers, whereas there was no money in the aforesaid fraudulent PF A/C.

4. The aforesaid complaint was lodged against T.N. Bhutia, the then Assistant Provident Fund Commissioner, SRO Tinsukia, Sri Lokeshwar Barua, the then Assistant Provident Fund Commissioner, SRO Tinsukia, Sri Manabendra Choudhury, AAO, EPFO, Tinsukia, unknown officials of UCO Bank & Vijaya Bank, Itanagar, unknown officials of SBI, Angarkhowa Branch, Sri T.C. Gowami, private person and M/s Donyi Polo Mission, Itanagar as accused in his complaint. The complainant requested the Superintendent of Police, Central Bureau of Investigation, office of Superintendent of Police, Anti Corruption Branch, Guwahati to cause an investigation into the matter.

(ii) Upon receipt of the said complaint, a regular case was registered by the C.B.I. under Section 120B/420/467/468/471 IPC read with Section 13(1)(d) of Prevention of Corruption Act, 1988.

(iii) After completion of investigati















































































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