Further investigation post-charge sheet requires court permission and must be based on new evidence; otherwise, it constitutes an abuse of process.

JUDGMENT :

Mridul Kumar Kalita, J.

1. Heard Mr. P. N. Choudhury, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Public Prosecutor, Assam representing the State.

2. This Criminal Petition has been registered on filing of an application under Section 482 of the Code of Criminal Procedure, 1973 read with Article 227 of the Constitution of India by the petitioner, namely, Smt. Kabita Deka, praying for setting aside/cancelling/expunging her name from the Charge Sheet No. 3/2021 dated 06.07.2021, wherein the petitioner has been shown as an accused person not charge sheeted. In alternative, the petitioner has also prayed for dropping her name from the ongoing criminal proceeding. During the course of the hearing, learned counsel for the petitioner has also submitted that the relief sought for by the petitioner in her criminal petition may be moulded to the stoppage of the further investigation as regards the petitioner in connection with the aforesaid case.

3. The petitioner is an Officer of Assam Civil Service and it is claimed by her that she has an unblemished service record of 29 years in the said service.

4. The facts relevant for consideration of the instant criminal petition, in brief, are as follows:

i. On the basis of a letter dated 15.11.2018 written by Shri Rajesh Prasad, IAS, the then Principal Secretary to the Government of Assam, Revenue and Disaster Management Department to the Divisional Commissioner, Lower Assam Division, Panbazar, wherein certain anomalies and irregularities of serious nature in respect of some plots of land settled in favour of "North East Agricultural Seed Farms & Research Centre" and "Nilachal Cold Storage & Godown" followed by subsequent transfer of the said lands to others, in violation of existing Government instruction, which had come to the knowledge of the Revenue and Disaster Management Department, were pointed out.

ii. It is alleged in the said letter that three plots of land measuring 04 bigha 0 katha 0 lechha, 03 bigha 0 katha 0 lecha and 03 bigha 02 katha 15 lechas were settled by the Government in favour of North East Agricultural Seed Farms & Research Centre and Nilachal Cold Storage & Godown respectively in violation of the existing Government circulars.

iii. It was also mentioned in the said letter that the settlement order issued in favour of the aforesaid entities were found to be forged and manipulated and thereafter, the aforesaid entities sold the said land within a short period of time to one M/s. Pradeep Kumar Agarwala and M/s. KRC Warehouse in violation of the Government instructions.

iv. It is also alleged in the said letter that it was found that

a. the VGR land which was settled was not de- reserved before such settlement;

b. no documentary evidence for SDLAC recommendation was available;

c. it was also alleged that correction of land records were done without confirming payment of the premium;

d. The original settlement order dated 25.04.2006, original settlement order (No. RSS 514/2004/39 dated 25.04.2006 was found to be forged;

e. The issuance of NOC for land sale was given within 5-10 years of the settlement in violation of the Government instructions;

f. Similarly, it was alleged that transfer of newly settled land was also done within 5-10 years of the settlement; and

g. The mutation of the land transfer was also done within 5-10 years of the settlement in violation of the Government circulars.

v. It was alleged that as per the report of Deputy Commissioner Kamrup (M) as well as from the records available in the Department, five government officials were found to be involved in the process, including the present petitioner who was at that time posted as Circle Officer (A), Dispur Revenue Circle.

vi. On the basis of the aforesaid letter one Pinaki Prasad Mishra, Inspector of Police, Vigilance and Anti- Corruption, Assam, on 28.05.2019, had lodged an FIR before the Officer-In-Charge of Anti-Corruption Bureau Police Station cum Superintendent of Police, Vigilanc