Page No. 1/5 GAHC010277992025 2025:GAU-AS:17527 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1583/2025 DR BASABI DUTTA SHAW WIFE OF DR. BIJOY KUMAR SHAW, RESIDENT OF HOUSE NO. 6, D.P.L.S. ROAD, HEDAYETPUR, GUWAHATI CLUB, OPP. APDCL OFFICE, GUWAHATI, KAMRUP (M), PIN 781003 VERSUS CENTRAL BUREAU OF INVESTIGATION (CBI), CBI REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, ASSAM, Advocate for the Petitioner : MR. D K KOTHARI, MR. N KOTHARI,MR P PRAWAR,MR Y KOTHARI Advocate for the Respondent : SC, CBI, BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 17.12.2025 Heard Mr. Y. Kothari, learned counsel for the petitioner and Ms. M. Kumari, learned Standing Counsel, CBI for the respondent. 2. The petitioner has stated that she is a qualified Dentist holding BDS and MDS Degrees and carries on private practice in Guwahati. The petitioner's husband, Dr. Bijoy Kumar Shaw served in Oil and Natural Gas Corporation [ONGC] as a Medical Officer since 1996. Page No. 2/5 3. A First Information Report [FIR] was lodged on 04.05.2023 before the Head of Branch [HOB], CBI, Guwahati alleging inter alia that during the period : 2019-2022, Dr. Bijoy Kumar Shaw, the then Deputy General Manager [MS], ONGC, Jorhat, Assam entered into a criminal conspiracy with Dr. Eashitva Tamuly, a contractual Medical Officer in the ONGC, Jorhat and Sri Jadumoni Hazarika, proprietor of M/s Kiran Physiotherapy Clinic and the two ONGC officials abused their official positions by fraudulently generating requisition slips for physiotherapy treatment at M/s Kiran Physiotherapy Clinic without the knowledge of retired beneficiaries of ONGC and their dependents. In furtherance of such criminal conspiracy, Sri Jadumoni Hazarika had claimed false and bogus bills on the basis of requisition slips issued by Dr. Eashitva Tamuly and duly verified and certified by Dr. Bijoy Kumar Shaw. 4. The said FIR was registered by the CBI as Regular Case no. 06[A]/2023-GWH. The petitioner was not initially arraigned as an accused in the afore-mentioned FIR. 5. After obtaining prior approval under Section 17A of the Prevention of Corruption Act, 1988 against the two ONGC officials, investigation was carried out and upon completion of investigation, a charge sheet under Section 173[2], CrPC vide Charge-Sheet no. 25/2024 was submitted on 26.12.2024 against the three accused persons, already named in the FIR. In addition, the petitioner has been charge sheeted as the fourth accused person. 6. On being charge-sheeted, the petitioner submitted an application before the Court of Special Judge, CBI, Guwahati seeking her discharge. The Prosecution Agency, CBI, submitted its objection to the prayer for discharge. The Special Court by an Order dated 11.09.2025 rejected the petition filed by the petitioner for discharge. The Special Court proceeded to frame charges against the petitioner under Section 12 of the PC Act with Section 120B[2], IPC on 11.09.2025. 7. It has been submitted that the only allegation against the petitioner is to the effect that she received a sum of Rs. 3,00,000/- on 23.05.2019, which the Investigating Authority is seeking to project with proceeds of crime. Page No. 3/5 8. The petitioner has urged that the alleged transactions in question, which were investigated, were during the period from December, 2020 – January, 2021 and the transaction in respect of which the petitioner was allegedly charge-sheeted was of 23.05.2019. According to the petitioner, the sum involved in the transaction dated 23.05.2019 is a repayment to the petitioner from the charge-sheeted accused person, Mr. Jadumoni Hazarika, Proprietor, M/s Kiran Physiotherapy Clinic which is located at Jorhat. 9. One of the allegations against the petitioner's husband, Dr. Bijoy Kumar Shaw was to the effect that he had received undue advantage of Rs. 3,00,000/- from Sri Jadumoni Hazarika in his wife's account as quid pro quo. 10. The investigation was with regard to fraudulent bills generated towards physiotherapy treatments by M/s Kiran Physiotherapy Clinic to ONGC against 323 requisition slips [credit note] of mostly Rs. 27,440/- per patient. According to the Charge-Sheet, the investigation revealed that during the relevant period, that is, from 01.04.2019 to 31.03.2022, medical services of ONGC empanelled M/s Kiran Physiotherapy Clinic, Chinamora, Jorhat as one of the empanelled clinics to provide physiotherapy treatment to medical beneficiaries / patients of ONGC, Jorhat on the basis of requisition slips [credit notes] to be issued by medical services / dispensary, ONGC. The Charge-Sheet further mentioned that investigation had established that Dr. Bijoy Kumar Shaw [A-1] and Dr. Eashitva Tamuly [A-2] prepared all the 323 requisition slips [credit notes] in the name of retired / active beneficiaries of ONGC, Jorhat and prescribed physiotherapy treatment of 14 [fourteen] days with two sittings on each day. All 323 requisition slips were certified / verified / countersigned by accused Dr. Bijoy Kumar Shaw [A-1]. Out of 323 requisition slips, 271 requisition slips issued in the name of retired beneficiaries were found to be fake. 11. The Charge-Sheet has been filed stating that during the period : 2019-2022, Sri Jadumoni Hazarika [A-3] entered into a criminal conspiracy with Dr. Bijoy Kumar Shaw [A-1] and Dr. Eashitva Tamuly [A-2] and had submitted fake / force bill in respect of 271 requisition slips in the name of retired beneficiaries of ONGC without their knowledge and consent. Page No. 4/5 12. The Charge-Sheet further mentioned as under : - It is established that Current Account No. 7361307000045 in the name of M/s. Kiran Physiotherapy Clinic [Prop. Shri Jadumoni Hazarika], Jorhat is being maintained with Canara Bank, ONGC Campus, Jorhat wherein crime proceeds [defrauded amount] were transferred/credited from ONGC, Jorhat. The same has been scrutinized which revealed that on 23.05.2019, an amount of Rs. 3,00,000/- [three lakh] was transferred to the account no. 913020038022116 in the name of Smt. Basabi Dutta Shaw W/o accused Dr. Bijoy Kumar Shaw [A-1] maintained with Axis Bank, G.S. Road, Guwahati through NEFT which proved that accused Bijoy Kumar Shaw [A-1] had taken undue advantage from accused Jadumoni Hazarika [A-3] in lieu of numerous fake requisition slips issued in the name of retired beneficiaries. It is well proved that accused Bijoy Kumar Shaw [A-1] was in habit of taking undue advantage from accused Jadumoni Hazarika [A-3] for enabling him to raise bogus and fake bills in the name of retired beneficiaries of for physiotherapy treatment. As such, the name of Smt. Basabi Dutta has been added in the list of accused as A - 4 for entering into criminal conspiracy with her husband Dr. Bijoy Kumar Shaw [A-1] which resulted in undue favour to A-3 and wrongful loss to the tune of Rs. 74,36,240/- caused to the ONGC. 13. A private person in aid of Section 120B, IPC can be tried along with public servants in a case involving offences under Prevention of Corruption Act. Whether the petitioner was a part of the conspiracy entered into by the other three accused persons, Dr. Bijoy Kumar Shaw [A- 1], Dr. Dr. Eashitva Tamuly [A-2], and Sri Jadumoni Hazarika [A-3] during the period from 2019-2022 is a matter which can be determined after the evidence are led only at the trial. Evidentiary and probative value of the materials collected by the Investigating Agency and which are parts of the Charge-Sheet are not to be gone into in a criminal petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023. 14. There is no explanation from the petitioner as regards the amount of Rs. 3,00,000/- Page No. 5/5 which was credited in her account on 23.05.2019. It is not the case of the petitioner that she had returned the amount to the account wherefrom it was transferred. That goes to indicate that the petitioner had dominion over the said amount of Rs. 3,00,000/- in all these years. 15. In the light of the above discussion and for the reasons mentioned therein, this criminal petition is found to be unmerited and the same is not entertained. JUDGE Comparing Assistant