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2019 Supreme(Megh) 63

MOHAMMAD YAQOOB MIR
Central Bureau Of Investigation – Appellant
Versus
Uday Nath Majhi – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. V.K. Jindal, Sr. Advocate, with Ms. S.Rana, Advocate
For the Respondent:Mr. P.Yobin, Mr. M.F. Qureshi, Mr. K. Paul, Advocate

JUDGMENT :

1. This case has a chequered history, as against the 5 respondents on completion of investigation by CBI chargesheet was presented before the Court of Special Judge, CBI, Shillong for commission of offence punishable under Section 120B, 420, 467, 471 IPC and under Section 13(2) read with Section 13(1)(d) of PC Act, 1988.

2. Learned Trial Court after hearing the prosecution and defense regarding framing or otherwise of charge has vide its detailed order dated 19-12-2011 found prima facie material justifying framing of charge. As against respondents No. 1, 2 & 3 (accused 1, 2 & 3) formal charge was framed, whereas respondents No. 4 & 5 (accused 4 & 5) were dissatisfied with the order, filed an application under Section 227 CrPC before the Trial Court unsuccessfully as the same was rejected vide order dated 21-09-2012. Dissatisfied therewith, CRL.PTN. (SH). No. 11/2013 and CRL. PTN. (SH) No. 12/2013 were filed by the respondents No. 4 & 5 before the High Court of Gauhati, Shillong Bench as it then was, but both the petitions were dismissed vide detailed judgment dated 20-03-2013. Thereafter again, respondents No. 4 & 5 filed two CRL.MISC.APPLN. (SH) No. 17/2013 and CRL.MISC.A

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