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2019 Supreme(Gau) 293

RUMI KUMARI PHUKAN
Amitabh Rai Sarma – Appellant
Versus
Central Bureau of Investigation CBI – Respondent


Advocates Appeared:
For the Appellant : Mr. P Choudhury

JUDGMENT :

1. Heard Mr. Z. Kamar, learned counsel for and on behalf of the petitioner (Amitabh Rai Sarma) and Mr. D. Talukdar, learned counsel for and on behalf of the petitioner (Arup Rai).

2. Both petitioners are accused in Special Case No.08/2010 under Section 120(B) read with Section 420/468/471 IPC read with Section 13(2)/13(1)(d) of the Prevention of Corruption Act, pending before the learned Special Judge, CBI (Additional Court No.1), Assam.

3. By way of present petitions filed under Sections 482 read with Section 401/397 CrPC, both the petitioners have challenged the order of framing charge dated 29.04.2014 by the learned Special Judge, CBI, Assam (Additional Court No.1) in the said case. As the challenge is made to the common order, both the petitions are taken up together for disposal.

4. On receipt of a written complain from NIA dated 12.03.2010/23.03.2010 against No. (1) Mohit Hojai, (2) Subrata Hojai, (3) Arup Rai, (4) unknown employee of Soil Conservation, (5) unknown employee of NCHAC and (6) unknown members of DSBG, regarding the allegation of misappropriation of Govt. fund by public servant of Govt. of Assam along with other private persons in NC Hills by way of misuse

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