Crl.Pet. 890/2014. Gauhati High Court
| Case Number | Crl.Pet. 890/2014 |
| Judgement Date | July 13, 2019 |
| Court | Gauhati High Court |
IN THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM : NAGALAND : MIZORAM AND ARUNACHAL PRADESH) PRI N CI PAL SEAT AT GUW AH ATI
CRL. PET. No. 890 of 2014
PETI TI ONER:
Sri Debasish Nat h,
Son of Lat e Dij endra Chandra Nat h, Lala Bazar, Ward No. 7,
P.S. and Dist rict – Hailakandi, Assam .
By Advocates :
Mr. A. Choudhury,
Mr. E. Ahm ed,
Mr. N.I . Khan,
Mr. J.H. Khan.
RESPONDENTS :
-
The St at e of Assam ,
Represent ed by t he Public Prosecut or, Assam .
-
Sri K. Subir Singha,
Son of Lat e Lt . Danbabu Singha,
Resident of Chengbil, Ward No. I I I , Lala,
P.S. and Dist rict – Hailakandi, Assam .
.
BEFORE
HON’BLE MR. JUSTICE MANASH RANJAN PATHAK
Date of order : 13th of July, 2017.
O R D E R (CAV)
Heard Mr. A. Choudhury learned counsel for the petitioner and Mr. B.B. Gogoi, learned Public Prosecutor appearing for the State.
Though notice was served on respondent No. 2, the complainant and that the Registry received back the A/ D Card after service of notice of the case, the said respondent did not enter appearance in the matter and as such this proceeding proceeded exparte against the said respondent.
Crl. Ptn. No. 890 of 2014 Page 1 of 5
The respondent No. 2 on 29.04.2014 as a complainant filed a criminal complainant before the learned Chief Judicial Magistrate, Hailakandi being CR Case No. 409C/ 2014 against the petitioner alleging commission of offences under Sections 420/ 406 I PC by him and the learned CJM, Hailakandi perusing the said compliant forwarded the same to the Officer-in-Charge of Lala Police Station to register a case, enquire in to the matter and submit report. On receipt of the said complaint on 14.05.2015 from learned CJM, Hailakandi, it was registered as Lala Police Station Case No.124/ 2014 under Sections 420/ 406 I PC corresponding to GR No. 606/ 2014.
Being aggrieved, pertaining to said registration of Lala P.S. Case No. 124/ 2014, the petitioner have preferred this criminal petition for quashing and setting aside the said criminal proceeding against him stating that the allegation made by the complainant/ respondent No. 2 in said complaint being CR Case No. 409C/ 2014, which now treated as FI R with regard to said Lala P.S. Case, do not prima facie constitute any offence triable by criminal court as it does not disclose any cognizable offence justifying the investigation by police and same was filed and lodged by the complainant/ respondent No. 2 with malafide intention for wracking vengeances against the petitioner and to...
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