JUDGMENT :

Heard Mr. N.K. Kalita, learned counsel for the petitioner and also heard Mr. B.P. Sinha, learned counsel for the respondent No.2 as well as Mr. P.S. Lahkar, learned Additional Public Prosecutor for the State/respondent No.1.

2. The petitioner has filed an application under Section 482 Cr.P.C. with a prayer for quashing of the FIR/enquiry report dated 08.05.2015 submitted before the Superintendent of Police, Baksa, Mushalpur, which was subsequently registered as Tamulpur P.S. case No. 96/2015 and subsequent Final Report No. 44/2017 dated 30.04.2017 submitted before the ld. CJM, Nalbari in connection with Tamulpur P.S. case No. 96/2015 and protest petition filed by the informant seeking reinvestigation of the Tamulpur P.S. case No. 96/2015 by different investigating officer.

3. The brief facts of the case is that the petitioner is a police personnel working under Government of Assam and occupied different posts like Officer-in-Charge of different police stations. On 27.12.2014, while the petitioner was posted as In-Charge at Doulbari Out Post under Tamulpur police station, one Smti. Kabita Basumatrary lodged an FIR alleging inter alia that on 30.11.2014 at around 2.30 p.m. while her husband was coming back towards his house from Daranga Mela, a high speed bike bearing registration No. AS-14-D-0528 coming from the opposite direction knocked down her husband near Bogajuli turning point, as a result of which her husband sustained grievous injuries on his person and died on the spot.

4. On receipt of the complaint, the petitioner registered a case vide Kumarikata O.P. GDE No. 427 dated 27.12.2014 and forwarded the same to the Tamulpur Police Station for registering a case under proper section of law. Later on, the case was registered as Tamulpur P.S. case No. 215/2014 under Sections 279/304(A) IPC. The petitioner was endorsed for investigation of the said case but subsequently, the Additional Superintendent of Police, Baksa had taken away the case diary from him. Thereafter, the petitioner could learn that the respondent No.2 i.e. Additional Circle Inspector, Tamulpur was endorsed for an inquiry regarding genuineness of the case. The respondent No. 2 conducted an inquiry and submitted a report before the Superintendent of Police, Baksa with a finding that the present petitioner fabricated the actual fact of the case with criminal conspiracy and concealed evidence in view of malafide misappropriation of public money. On the basis of the said report, a case was registered vide Tamulpur P.S. case No. 96/2015 under Sections 201/120(B)/406/420/409 IPC, which was subsequently registered as G.R. case No. 282/2015 and the investigation was started.

5. The petitioner apprehending his arrest in connection with Tamulpur P.S. case No. 96/2015, approached this Court by filing an application under Section 438 Cr.P.C. seeking protection of anticipatory bail and the prayer of the petitioner was granted by this Court. The investigating officer after thorough investigation submitted Final Report before the ld. CJM, Nalbari in connection with Tamulpur P.S. case no. 96/2015 with a prayer for exonerating the accused person from the case. Thereafter, the ld. CJM, Nalbari issued notice to the informant i.e. the respondent No. 2 herein this case asking him to submit objection, if any, regarding the acceptance of final report. The respondent No. 2 appeared before the ld. CJM, Nalbari and filed a protest petition with a prayer for re-investigation of Tamulpur P.S. case No. 96/2015 on the ground that he was not satisfied with the investigation. Thereafter, ld. CJM, Nalbari, vide his impugned order dated 13.06.2017 sent back Tamulpur P.S. case No. 96/2015 with a direction for re-investigation of the case by appointing different investigating officer.

6. Pursuant to the said order of the ld. CJM, Nalbari, new investigating officer was appointed and the newly endorsed investigating officer, as per direction of the departmental higher authority, submitted ch