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2024 Supreme(Gau) 419

SUSMITA PHUKAN KHAUND
Takam Sorang S/o Late Sorang Takio – Appellant
Versus
Central Bureau Of Investigation (CBI) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. I H Laskar
For the Respondent: SC, CBI

 

1. Sri Takam Sorang has filed this application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC, for short), with prayer for quashing the impugned criminal proceeding pending in the Court of Special Judicial Magistrate First Class (Magistrate, for short), Kamrup (M), Guwahati, being CR Case No. 1766/2015. It is averred that charges have been framed under Sections 420/468/471 of the Indian Penal Code, 1860 (IPC, for short), against the petitioner, allegedly on the basis of misconstrued notion that the CBI had the consent of the Government of Arunachal Pradesh to carry out the investigation against the petitioner, whereas, no such consent as required under Section 6 of the Delhi Special Police Establishment Act, 1946 (DSPE Act, for short), was ever obtained by the CBI from the State Government in this regard.

2. The Central Bureau of Investigation (CBI, for short), Er. Markio Tado and the State of Arunachal Pradesh, represented by its Chief Secretary, Government of Arunachal Pradesh, are arrayed as respondent Nos. 1, 2 and 3, respectively.

3. The petitioner is a permanent resident of Damsite, Naharlagun, in the district of Papumpare Arunachal Pradesh. On 21.04.2012, the

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