JUDGMENT :

1. Heard Mr. K N Choudhury, learned Senior counsel, assisted by Mr. S Nawaz, learned counsel for the petitioner. Also heard Mr. M Phukan, learned Special Public Prosecutor, Chief Minister’s Vigilance Cell, Assam assisted by Mr. P Dutta, learned Assistant Special Public Prosecutor, CM’s vigilance Cell.

2. The present application is filed assailing an order dated 19.10.2023 passed by the learned Special Judge, Assam in Special case No. 02/2022, whereby charges under section 120-B IPC and under Section 13(2) of the Prevention of Corruption Act, 1988, (hereinafter referred to as PC Act) had been framed against the petitioner.

3. THE FACTUAL BACKGROUND:

I. On 02.06.2021, a complaint was lodged by one Hasanur Ahmed, before the Superintendant of Police, Chief Minister’s Vigilance and Anti Corruption Cell, Rupnagar, Assam alleging primarily that the petitioner was a corrupt police officer, who had accumulated properties in crores of rupees.

II. On the basis of such complaint against the petitioner, a preliminary enquiry No. 01/2021 was initiated with the approval granted by the Hon’ble Chief Minister, Assam.

III. After completion of the preliminary enquiry, a report was submitted befo