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IN THE COURT OF THE DISTRICT & SESSIONS JUDGE

AT SHILLONG

SPECIAL C.B.I. CASE NO 1 OF 2019

Central Bureau of Investigation (C.B.I.)

-Versus-

Shri Chacheng K Sangma ..…… Accused

IN THE MATTER OF:-

An Application under Section

207 of the Code of Criminal

Procedure, 1973 for a copy

of charge sheet along with

all relevant papers including

statements of witnesses and

copies of other documents

annexed there to.

AND

IN THE MATTER OF:-

Central Bureau of
Investigation

-vs-

Shri Chacheng Sangma,

R/o West Garo Hills,

Meghalaya.

…..Applicant

The humble Applicant abovenamed

MOST RESPECTFULLY SHEWETH:-

1. That the Applicant abovenamed is a bonafide citizen of India,

presently residing at the aforementioned address.

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2. That the F.I.R. bearing No. B-40/Williamnagarfraud/2015-16 dated

02-09-2015 was lodged by one Shri Raja Das, who was posted as

Inspector Posts (ofttg.), O/o The SDI (POS), East Garo Hills

Subdivision, HQ-Williamnagar, before the Officer-in-Charge,

Williamnagar Police Station, East Garo Hills District, whereby

certain allegations were made against the instant Applicant. That,

the instant case was registered against the accused/applicant as

Special CBI Case No 1 of 2019 before the Special Judge at

Shillong.

3. That vide M.R. No 175/2018 (1/4) CBI/SHG Re 4/2018, the Sr.

Superintendent of Post Offices, Meghalaya Division, Shillong

accorded sanction under Section 19(1)(a) of the Prevention of

Corruption Act, 1988 for the prosecution of the Accused/applicant

for offences under Sections 120B, 420, 409, 467, 471 of the

Indian Penal Code and Section 13(2) r/w 13(1)(d) of the

Prevention of Corruption Act.

4. That however, after a thorough perusal of the records available

with the applicant/accused which was supplied to the accused by

the order of this Hon’ble Court for his defense, the said

Chargesheet is unfortunately not supplied to the Applicant. It is

also apparent that due to a bonafide mistake, the charge sheet

may be misplaced by mistake.

5. That the Applicant begs to state that as per Section 207 of the

Code of Criminal Procedure, 1973, the Applicant is entitled to a

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copy of charge sheet along with all relevant papers including

statements of witnesses and copies of other documents which the

prosecution is going to rely upon.

The said provision is humbly reproduced herein below for ready

reference of this Hon’ble Court:

“Section 207: Supply to the accused of copy of police

report and other documents

In any case where the proceeding has been instituted on a

police report, the Magistrate shall without delay furnish to

the accused, free of cost, a copy of each of the following:

(i) the police report;

(ii) the first information report recorded under section 154;

(iii) the statements recorded under sub-section (3) of

section 161 of all persons whom the prosecution proposes

to examine as its witnesses, excluding therefrom any part in

regard to which a request for such exclusion has been

made by the police officer under sub-section (6) of section

173;

(iv) the confessions and statements, if any, recorded under

section 164;

(v) any other document or relevant extract thereof

forwarded to the Magistrate with the police report under

sub-section (5) of section 173:

Provided that the Magistrate may, after perusing any such

part of a statement as is referred to in clause (iii) and

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considering the reasons given by the police officer for the

request, direct that a copy of that part of the statement or

of such portion thereof as the Magistrate thinks proper,

shall be furnished to the accused:

Provided further that if the Magistrate is satisfied that any

document referred to in clause (v) is voluminous, he shall,

instead of furnishing the accused with a copy thereof,

direct that he will only be allowed to inspect it either

personally or through pleader in Court.”

6. That the Applicant humbly states that in the given circumstances,

it will be impossible for him to put forth his defense in a proper

manner in this instant case in the absence of the chargesheet

and other relevant documents. Therefore, it is humbly prayed

before this Hon’ble Court to pass necessary order(s) to provide

the copy of the chargesheet and accompanying documents to the

Accused person/Applicant before the next date.

7. That this instant application is filed bonafide for the ends of

justice.

In the premises aforementioned, it is most

humbly prayed before this Hon’ble Court to

graciously be pleased to accept this instant

application and pass necessary orders

whereby directing to furnish a copy of the

charge sheet along with all relevant papers

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including statements of witnesses and

copies of other documents thereto;

And pass any other orders / directions as

this Hon’ble Court may deem fit and proper

for the ends of justice.

And for which act of kindness, the Humble Applicant shall forever

be grateful.

HUMBLE APPLICANT

Dated, Shillong

24th March 2021

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A F F I D A V I T

I, Shri Chacheng K Sangma, aged about 34 years, S/o K Ch

Marak, R/o West Garo Hills, Meghalaya do hereby solemnly affirm and

declare as follows:-

1. That I am bonafide citizen of India presently residing at the

aforementioned address.

2. That I am the Applicant/accused in this instant case and as such,

I am conversant with the facts and circumstances with this instant

case and therefore competent to swear this instant Affidavit.

3. That the statements made hereinabove are true to the best of my

knowledge, belief and information and the rest are my humble

submissions before this Hon’ble Court.

And we sign this instant Affidavit on this the 24 th day of March, 2021 at

Shillong.

DEPONENT

Identified By:-

(Advocate, Shillong) NOTARY PUBLIC, SHILLONG

V E R I F I C A T I O N

Verified at Shillong, on this the 24 th day of March, 2021 that the

contents of the above affidavit are correct and true to the best of my

knowledge, belief and nothing has been concealed therefrom, so help

me God.

DEPONENT