JUDGMENT :

Heard Mr. R.P. Sarma, learned Senior counsel assisted by Mr. D. Doley, learned counsel for the petitioner. Also heard Mr. M. Phukan, learned Public Prosecutor for the State/respondent.

2. The petitioner has filed an application under section 482 Cr.P.C., 1973 praying to quash the impugned criminal proceeding for taking cognizance as well as framing of charge by the learned Special Judge, Assam in connection with Special case No. 01/2011 under Section 420/468/471/120(B) read with section 13(1)(d)(ii)/13(2) of Prevention of Corruption Act, 1988.

3. The brief facts of the case is that a reference was made by the Chief Minster’s Special Vigilance Cell being SVC RE No. 34/2002 against the District Rural Development Agency (herein after referred to as “DRDA”) officials of Cachar for their alleged irregularities, anomalies, embezzlement of fund in implementation of some scheme from 1998 to 2002. An enquiry was conducted and on the basis of said enquiry, an FIR was lodged on 27.09.2005 by the Additional Superintendent of Police, Chief Minster’s Special Vigilance Cell, Assam, which was registered and numbered as C.M. Vigilance P.S. Case No. 03/2005 under Section 420/468/471/120(B) o