The court upheld the authority of the Special Judge to direct further investigation and take cognizance based on cumulative evidence, emphasizing the necessity of new evidence in further investigations.

JUDGEMENT :

1. Heard Mr. A. Chowdhury, the learned Senior Counsel, assisted by Ms. B. Chowdhury, the learned Counsel for the petitioners. Also heard Mr. D. Das, the learned Additional Public Prosecutor, appearing for the State of Assam.

2. This criminal petition under Section 528 of BNSS, 2023, read with Article 227 of the Constitution of India, has been filed by 13 numbers of petitioners, who are praying for quashing of the Supplementary chargesheet No. 14 dated 12.09.2024, filed in the Special Case No. 02/2017, arising out of the Dibrugarh P.S. Case No. 936/2016, pending before the Court of the learned Special Judge, Assam.

3. The petitioners have also impugned the order dated24.06.2024, passed by the learned Special Judge, Assam, in the Special Case No. 02/2017, whereby further investigation was directed in the aforesaid case, after the filing of the Supplementary chargesheet No. 13, dated 20.06.2024.

4. The petitioners have also impugned the order, dated17.09.2024, passed by the Court of the learned Special Judge, Assam, in Special Case No. 02/2017, whereby the said Court took cognizance of offences under Section 109/120B/420/465/468/471 of the Indian Penal Code, 1860 read with Section 12 of the Prevention of Corruption Act, 1988, against the above-named petitioners.

5. The facts relevant for consideration of the instant criminal petition, in brief, are that, on 27.10.2016, one Anshumita Gogoi lodged an FIR before the Officer-in-Charge of Dibrugarh Police Station, inter alia, alleging that, one Nabakanta Patir contacted her and asked her to pay a sum of Rs. 10,00,000/- (Rupees Ten Lakhs only) for recruiting her to the post of dental surgeon in the selection process conducted by the Assam Public Service Commission (APSC). It is also stated in the FIR that, while receiving the money, said Nabakanta Patir was caught red-handed by the police.

6. Upon receipt of the said FIR, the Dibrugarh P.S. Case No.936/2016 was registered under Section 120B/420/463/468/471A/201 of the Indian Penal Code, 1860 read with Section 3/13 (1),(a), (b), (d), (2) of the Prevention of Corruption Act, 1988.

7. Upon completion of the investigation, the chargesheet No. 3,2017 was laid in this case on 24.01.2017 against 10(ten) numbers of accused persons under Section 7/8/13 (1), (a), (b), (d)/13 (2) of the Prevention of Corruption Act, 1988 read with Section 109/120B/420/463/468/471/201 of the Indian Penal Code, 1860.

8. It is pertinent to mention here in that, while submitting the final chargesheet No. 3/2017 on 24.01.2017 against 10(ten) accused persons, the scope of further investigation was kept open by the Investigating Officer and thereafter, 14 numbers of Supplementary chargesheet were laid against different accused persons under various provisions of law.

9. In the meanwhile, on 30.09.2023, the Government of Assam had issued a notification constituting a special team headed by one, Mr. M. P. Gupta, A.D.G.P., C.I.D. to conduct the investigation of Dibrugarh P.S. Case No. 936/2016 in a time- bound manner. After constitution of the Special Investigation Team, one Prateek Thube, IPS., the then Joint Commissioner of Police, (In-charge), Guwahati was appointed as the Investigating Officer of the case.

10. In due course, i.e., on 20.06.2024, the SIT submitted Supplementary chargesheet No. 13, naming 4(four) accused persons as accused No. 78-80, in addition to the accused persons, who were already arraigned, in pursuant to the earlier investigations. It is pertinent to mention here in that, in the chargesheet No. 13, the Investigating Officer found sufficient material against 4(four) number of accused persons, namely, Sukanya Das, Wahida Begum, A. Nanda B. Singh and Rakesh Das. With regard to the accused Rakesh Das, the cognizance was already taken by the Special Court on earlier occasion. After perusal of the materials on record and finding prima facie materials against the above-named accused persons, the cognizance of offence under various penal provisions of l