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2018 Supreme(Gau) 643

HITESH KUMAR SARMA
Krishna Kumar Das – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner:Mr. S.P. Roy, Ms. N. Rai, Mr. K. Rajbongshi, Mr. RPN Singh, Mrs. A. Talukder, Miss. B. Baishya, Advocates
For the Respondent: Mr. P.S. Lahkar, Additional Public Prosecutor, Assam, Mr. S.C. Keyal, SC, CBI.

JUDGMENT & ORDER :

1. This petition, under Section 482 of Code of Criminal Procedure, has been filed by Sri Krishna Kumar Das for quashing the order the supplementary charge-sheet dated 24.12.2012 filed by the Inspector of Police, CBI/EOW/Kolkata in the Court of Special Judge, CBI, Assam, Additional Court No. 1 in Case No. RC 4/E/2009-Kol dated 24.2.2009 on the basis of FIR dated 15.8.2006 being Titabor P.S Case 79/2006.

2. The petitioner states that the Adjutant, 3rd Assam Police Batellion, Titabor lodged an FIR, dated 15.8.2008, before the Officer in Charge, Titabor Police Station alleging that as per departmental procedure, Sri Lankeswar Das, Subedar Major of the said battalion was entrusted for disbursing the salary for the month of June, 2006 of the battalion headquarters personnel drawn in July 2006 and accordingly, on 17.07.2006, an amount of Rs 26,01,323/-, vide cheque No. 28 dated 15.07.2006 and Rs 14,67,821/- vide payee cheque number 31 dated 15.07.2006, in total of Rs 40,69,144/-, were received by Sri Lankeswar Das and he disbured Rs 22,30,434 and rest amount of Rs 18,38,710/- were wilfully retained by him without reporting the matter to the higher authority. On scrutiny o












































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