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Date : 21-10-2022 Page No.# 2/13 Heard Mr. M. More, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Addl. P.P. for the respondent No.1, i.e. State of Assam and Mr. S. Suncheti, learned counsel for the private respondent.

2. This petition, under Section 482 read with section 397/401 of the Criminal Procedure Code, 1973 is preferred by Shri Rakesh Karwa for quashing the Charge Sheet No. 523, dated 25.11.2012 under section 468/471 IPC, and the FIR of Jorhat P.S. case No. 148/2010, dated 09.03.2010, and the entire proceeding of G.R. Case No. 268/2010, so far it relates to the petitioner is concerned, pending in the court of learned Chief Judicial Magistrate, Jorhat and the impugned order, dated 08.10.2013, passed by the learned Chief Judicial Magistrate, Jorhat, whereby the learned court below had framed charge under section 468/471/467/34 IPC.

-Anand Rathi Financial Services Ltd., Kolkata. The case came to the notice of the Regional Office, Kolkata when the client complained about the missing of the share from his account as on 29.12.2008, and after receiving instruction from the Branch Office at Guwahati, the FIR has been lodged. Upon the said FIR, the officer-in-Charge, Jorhat Police Station had registered a case , being Jorhat P.S. case No. 148/2010 under sections 468/471 IPC, and endorsed S.I. Nayan Tamuli to investigate the same. The I.O. then visited the place of occurrence, examined the witnesses, and arrested accused Raju Dutta and Rakesh Karowa (present petitioner) and forwarded them to the court. Then on completion of investigation the I.O. laid charge sheet against the accused Raju Dutta and Rakesh Karowa to stand trial, under section 468/471 IPC, before the court of learned Chief Judicial Magistrate, Jorhat. Then the learned court below, complying the provision of section 207 Cr.P.C, and after hearing learned Advocates of both side, had framed charge against both the accused under section 468/471/467/34 IPC., and on being read and explained over the same to the accused persons they pleaded not guilty to the same. Thereafter, the learned court below had posted the case for evidence."

4. Being highly aggrieved, the petitioner/accused Shri Rakesh Karowa has preferred the present petition on the following grounds:-

(i) That, the FIR, the Charge Sheet, and the documents seized in the case, even if taken on their face value and accepted in its entirety, do not disclose commission of any offence under section 468/471 IPC, by the petitioner;
(ii) That, none of the witnesses examined by the I.O.

have ever made any accusation/whisper against the petitioner and Page No.# 4/13 the charge sheet was filed against him without applying mind;

(iii) That, there is no elements to constitute any of the ingredients of the offences under section 468/471 IPC against the petitioner;

(iv) That, no incriminating documents have been recovered from the possession of the petitioner or in the name of the petitioner;

(v) That, the FIR and the charge sheet is altogether silent about involvement of the petitioner and the learned court below had without considering the materials on record and without applying judicial mind and acting like a post office, had framed the charges against the petitioner mechanically and therefore, it is contended to allow the petition.