Gauhati High Court
Page No.# 1/2 vs The State Of Assam And Anr on 6 August, 2021
Author: Rumi Kumari Phukan
Bench: Rumi Kumari Phukan
Page No.# 1/2
GAHC010104852021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./384/2021
MONJUMA GOGOI TAMULI AND ANR
W/O SRI BIRINCHI KUMAR TAMULI,
R/O HOUSE NO.
KALYANI NAGAR, KALAPAHAR, GUWAHATI-781019, P.O., P.S. -
DIST. KAMRUP (METRO), ASSAM
2: SRI UTTAM BORAH
SON OF LATE INDRESWAR BORAH
R/O ROYAL PARK
50
G.S. ROAD
10TH MILE
NEAR MONIFORT SCHOOL
P.O. AMERIGOG
P.S. BASISTHA
GUWAHATI-781023
DIST. KAMRUP (METRO)
ASSA
VERSUS
THE STATE OF ASSAM AND ANR
REP. BY THE PP, ASSAM
2:MRS. PRIYAMA GOSWAMI
W/O SRI BHISHAN RAI
R/O HOUSE NO. 117
LAKHIMI NAGAR
HATIGAON ROAD
P.S. HATIGAON
KAMRUP (METRO)
ASSA
Advocate for the Petitioner : MR. I CHOWDHURY SR ADV
Page No.# 2/2
Advocate for the Respondent : PP, ASSAM
BEFORE
HON'BLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
06.08.2021.
By way of this application under Section 482 of the CrPC, the two petitioners, who have been arrayed as accused in the FIR, pertaining to the Dispur P.S. Case No.1843/2021, under Sections 120(B)/188/336/420/506 of the IPC, sought for quashing of the FIR, on the ground that they have all the necessary documents in their favour and that they have been wrongly arrayed as accused, for which the FIR is not maintainable.
I have heard the submissions of Mr. I. Choudhury, learned Senior Counsel for the petitioners. Also perused the documents annexed.
Let a notice be issued to the respondent No. 2 by registered post with A/D as well as by usual process.
Ms. S. Jahan, learned Additional Public Prosecutor has appeared on behalf of the respondent No.1/State of Assam. Hence, no formal notice needs to be issued. Necessary extra copies be furnished to her.
Let the scan copy of the Case Diary along with the relevant statement of the informant and the witnesses be called for and list the matter on 19.08.2021, along with the Crl. Petition No.369/2021.
JUDGE Comparing Assistant