4393/2014, the same was already brought fore by the informant in the affidavit so filed in WP(C) No. 7/2013. It is further stated that alleging commission of fraud in issuing the encadrement Notification No. CON.39/2001/Pt/176, dated 07.09.2005, and Gazette notification dated 28.12.2005, an FIR was lodged, which was registered as CID Case No. 8/2015 and during investigation, it came to light that the informants, who lodged the FIR are anonymous entity, which resulted in submission of Final Report by the investigating agency and as soon as the Final Report was accepted by the CJM, Kamrup (M), without objection, the same has attained finality. But, at the behest of some of the officers under the banner of Federation of Engineering Service Association, lodged another FIR, incorporating the name of the petitioner along with others, alleging fraud in issuing the Gazette Notification (aforesaid), by suppressing the outcome of the earlier FIR. It is contended that the petitioner himself in his writ petition, challenged the said notification, alleging it to be a forged one. Under the circumstances, it has been submitted that further investigation of the same aspect and subsequent filing of charge sheet and cognizance taken by the learned trial Court is stated to be bad in law, as there are no materials to show the commission of the offence by the present petitioner Dipu Dutta, in conspiracy with other accused/petitioner.
