JUDGMENT :

MITALI THAKURIA, J.

1. Heard Mr. P.K. Deka, learned counsel for the petitioner. Also heard Mr. M. Haloi, learned Standing Counsel, CBI, appearing on behalf of the respondent.

2. This is an application under Section 401 and Section 397 of the Code of Criminal Procedure, 1973, read with Article 227 of the Constitution of India, against the impugned order dated 06.02.2023, passed by the learned Special Judicial Magistrate 1st Class, Kamrup(M), Guwahati, in C.R. Case No. 1766/2015, whereby, the Petition No. 3753, filed by the Petitioner under Section 239 Cr.P.C. for discharging the petitioner, was rejected.

3. The brief facts of the case is that on 21.04.2012, an F.I.R. was lodged by one Er. Markio Tado, the then M.L.A. 20-Tali (ST) A/C, Arunachal Pradesh, against the present petitioner, alleging inter alia that the petitioner, being the proprietor of M/S Rangne Enterprise, had taken a loan to the tune of Rs. 4.50 Crores from IDBI Bank Ltd., MSME Department, G.S. Road Guwahati, by producing some false and fabricated documents and accordingly, the case was registered as R.C. 6(A)/2013-GWH, under Sections 420/468/471 of the Indian Penal Code. Accordingly, after investigation, the Charge-Sheet was submitted by the CBI on 30.06.2015, under Sections 420/468/471 of the Indian Penal Code, before the learned Special Judge, C.B.I. Assam, Guwahati, and vide order dated 02.07.2015, the case was transferred to the Court of learned Special Judicial Magistrate 1st Class, Kamrup(M), Guwahati, and accordingly, the learned Magistrate issued summon to the petitioner. On receiving the summon, the petitioner appeared before the said Court praying for allowing him to go on bail and accordingly, he was allowed to go on bail and the trial commenced. Thereafter, the petitioner appeared before the learned Court below and a copy of the case record was furnished to him and the matter was fixed for hearing on charge. The petitioner, accordingly, filed a petition under Section 239 Cr.P.C. for his discharge, wherein, the CBI also submitted the objection. Thereafter, the learned Special Judicial Magistrate 1st Class, Kamrup(M), Guwahati, vide its order dated 28.02.2019, illegally rejected the said prayer for discharge without discussing all the materials on the record. Challenging the said order, the petitioner filed a criminal revision petition before this Court, which was registered as Crl. Rev. Pet. No. 242/2019, and accordingly, this Court, vide order dated 24.06.2019, was pleased to set aside and quash the order dated 28.02.2019, passed by the learned Special Judicial Magistrate 1st Class, Kamrup(M), Guwahati, and remanded the matter before the said Court with an observation to reconsider the issue of framing charge afresh by reflecting all the materials available in the records.

4. Thereafter, the petitioner filed a petition No. 3753, under Section 239 Cr.P.C. before the learned Special Judicial Magistrate 1st Class, Kamrup(M), Guwahati, for his discharge. The CBI also filed their written objection and vide order dated 06.02.2023, the learned Special Judicial Magistrate 1st Class, Kamrup(M), Guwahati, rejected the said prayer of the petitioner for discharge in spite of special direction from this Court to dispose of the matter assigning proper reason in referring the facts as well as law. But, the learned Court below committed mistake, as done earlier, by not discussing all about the petition or about the statement of the witnesses, including the informant, recorded under Section 161 Cr.P.C. during investigation.

5. It is further stated that the actual fact behind the filing of the F.I.R. is that the petitioner was an MLA for 2 (two) terms for the period from 1999-2004 and 2004-2009. In the said election, both the petitioner as well as the informant contested for 20-Tali (ST) A/C, Arunachal Pradesh, and the informant won the election and by rigging polls. Thereafter, the petitioner filed an election petition before this Court by challenging the elect