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2023 Supreme(Gau) 1514

KALYAN RAI SURANA
Mrigen Saikia, S/O Late Maniram Saikia – Appellant
Versus
State Of Assam, Rep. By The Learned P. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. M Biswas
For the Respondent: PP, ASSAM

ORDER :

HONOURABLE MR. JUSTICE KALYAN RAI SURANA

Heard Mr. M. Biswas, learned counsel for the petitioner as well as Mr. Bankim Sarma, learned APP for the State.

2. This criminal petition under Section 482 CrPC is directed against the order dated 01.12.2022 passed by the learned Special Judge, Assam in Special Case No. 2/2017, which is proceeding under Section 7/13(1)(b)/13(2) of the Prevention of Corruption Act read with Section 109/120(B)/420/465/468/471/201 IPC.

3. The case projected by the petitioner is that with intent to become an approver in connection with the said case, the petitioner has made an application before the learned trial Court and in the said petition, he had also prayed to allow his statement to be recorded under section 164 CrPC. The said petition was registered as petition no. 392/2020. It is projected that on the said petition, the learned Special Judge, Assam, by order dated 27.11.2020, deemed it necessary to record the statement of the petitioner under section 164 CrPC. Accordingly the I.O. was directed to produce the petitioner before the learned Chief Judicial Magistrate, Kamrup (M), Guwahati for recording his statement under section 164 CrPC and the said st

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