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2024 Supreme(Gau) 364

ROBIN PHUKAN
Mes-243985 Shri. Lekh Bahadur Bohara Bohara – Appellant
Versus
State Of Nagaland Represented By The Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. P.B. Paul
For the Respondent: Mr. K. Angami, Public Prosecutor, Mr. Y.P. Gupta, CGC

JUDGMENT :

Heard Mr. P.B. Paul, learned counsel for the petitioner and Mr. K. Angami, learned Public Prosecutor for the State respondent No. 1. Also heard Mr. Y.P. Gupta, learned Central Government Counsel (CGC) for the respondent No. 2.

2. In this petition, under Section 482 of the Cr.P.C., the petitioner, namely, MES-243985 Shri Lekh Bahadur Bohara, JAA, has prayed for quashing the FIR of Urban P.S. Case No. 21/2021, under Section 420 of the IPC, read with Sections 11/13 of the Prevention of Corruption Act, 1988 (for short ‘the P.C. Act’), dated 20.04.2021.

3. It is to be noted here that the aforementioned case has been registered on the basis of an FIR lodged by one Shri Ravi Tomar, Major, Garrison Engineer, GE 868 EWS of Rangapahar Military Station, on 08.04.2021.

4. The background facts leading to filing of the present petition are adumbrated herein below:

    “(i) During the Summary General Court Martial in respect of IC-71216L Ex. Major Jaspreet Singh Duggal of GE 868 Engineer Works Section, attached to Headquarter 44 Mountain Brigade, from 02.07.2016 to 09.05.2017, it has come to the notice of the authority that MES-243985 Shri Lekh Bahadur Bohara, JAA (LDC) had transferred an amoun

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