JUDGMENT :

RUMI KUMARI PHUKAN, J.

1. Heard Mr. D. Das, learned senior counsel for the petitioner and Mr. S.C. Keyal, learned Asst. Solicitor General of India for the respondent.

2. By this petition u/s. 482 read with Sections 397 and 401 of the CrPC petitioners challenged legality and validity of the order of the learned Special Judge, CBI, Assam, Addl. CBI Court II, Guwahati dated 8.1.2015 in special case 8/2007 whereby charges are framed against the petitioners under Sections 120(B), 420 and 34 of the Indian Penal Code.

3. Sri Dilip Paul Choudhury(now dead) and Sri Binayak Paul Choudhury are the directors of the company which was awarded contract of construction of staff quarters (including earth filling) of Reserve Bank of India (RBI) at Guwahati at an estimated cost of Rs. 2,38,68,095.33. The entire project was supervised by the architect M/s. Designers' Guild, Guwahati. Payments of a total of 46 running bills which were certified by the architect were made to the petitioners by the RBI.

4. After completion of the entire work, based on source information that one Sri SB Bhowmik while working as Asst. Engineer in RBI at Guwahati entered into a criminal conspiracy with the petitioner