Morung Express News
Kohima | February 28
The Gauhati High Court Kohima Bench has granted an interim stay on further proceedings before the Chief Judicial Magistrate (CJM,) Dimapur in a CBI case relating to alleged irregularities in construction works at the High Court complex, in which three persons had been charged.
By an order dated February 27, Justice Yarenjungla Longkumer issued notice in separate criminal revision petitions filed by Mhahlelïe Rio, Thepfusatou Rio and Vibeilietuo Kets, challenging the CJM’s February 18 order framing charges against them under Sections 120B (criminal conspiracy) and 420 (cheating) of the Indian Penal Code.
The petitioners have also challenged the dismissal of their respective discharge applications and the summons directing their appearance before the trial court.
Accordingly, issuing notices returnable in four weeks, the High Court, by way of an interim order, stated that the further proceedings in CBI Case No. 01 of 2025 pending before the CJM, Dimapur will remain suspended until the next returnable date.
Case background
As reported earlier, on February 18, the CJM, Dimapur framed charges against the trio in connection with RC2 A 2019 IMP under Sections 120B and 420 IPC, after rejecting their discharge applications.
The trial court held that materials placed on record disclosed sufficient grounds to proceed against them.
The case arises out of a CBI investigation into alleged irregularities in the execution and billing of works relating to the approach road and allied works at the High Court complex. The prosecution case is that excess payment was allegedly made in connection with incomplete and allegedly sub-standard works, resulting in wrongful loss to the State exchequer.
As per the February 18 order, the alleged defrauding resulted in excess payment of Rs 29,68,345 comprising Rs 25,89,568.75 for the road and Rs 3,78,777 for tiles.
Consequently, they were charged with conspiring with six engineers of NPWD R and B by engaging in substandard and incomplete construction, as well as cheating the State Government.
However, since prosecution sanction against the six NPWD engineers named in the charge sheet was denied by the Government of Nagaland, no charges were framed against them.
Grounds raised in revision before HC
In their petitions before the High Court, the accused have contended that the total value of the work order was Rs 5,81,85,820 and that a substantial portion of the work had been completed. It was further submitted that the road encircling the High Court building could not be completed at the relevant time due to ongoing construction of the main building and dumping of materials at the site.
They have also submitted that Rs 4,81,09,570 was claimed and received against the executed portion of the work and that no completion certificate had been issued, as the entire work had not been completed when the investigation commenced and the charge sheet was filed. According to the petitioners, the remaining work was completed subsequently.
The petitioners have further questioned the framing of charge under Section 120B IPC in the absence of prosecution sanction against the engineers who were charge sheeted with them, and have contended that the alleged false entries in the Measurement Book were prepared by the concerned officials.
They also argued that the charge sheet did not contain any specific allegation of substandard construction, though the charge form framed by the trial court refers to such allegation. It was further submitted that they are aggrieved by the fact that, while framing the charge, the trial court stated in the charge form that they were being charged under Section 420 IPC for engaging in substandard works and for incomplete construction.
CASE TIMELINE
2007–08: Government work order issued
September 13, 2017: News reports highlight the slow pace work
October 23, 2017: Gauhati HC takes up matter as a suo motu PIL
May 2, 2018: Gauhati HC directs preliminary enquiry (PE) by CBI with three months deadline.
June 17, 2019: CBI files FIR based on PE, named 16 individuals
July 21, 2021: CBI submits chargesheets No. 6/2021 and 7/2021 before the Special CBI Judge, Dimapur, following investigation into six allegations.
June 28, 2024: Special Judge, CBI rejects discharge plea and orders trial against four; case endorsed to CJM Dimapur.
2024: Criminal petitions before Gauhati High Court Kohima Bench seeking quashing of June 17, 2019 FIR and chargesheet No. 7/2021.
April 8, 2025: HC Kohima Bench declines to quash the case and remands the matter to CJM Dimapur for trial.
February 18, 2026: CJM Dimapur rejects discharge applications and frames charges; trial to proceed.
February 27, 2026: HC Kohima Bench, in an interim order, suspends further proceedings of the case pending before the CJM, Dimapur till the next returnable date in four weeks. Render as an infographic timeline
