GAUHATI HIGH COURT ISSUES ORDER ON KRISHNA DEY V/S THE STATE OF ASSAM AND 2 ORS

GUWAHATI, India, July 3 -- Gauhati High Court issued the following order on June 3:

1. Heard Mr. P. Das, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State respondent No. 1 and Mr. R. Islam, learned counsel appearing on behalf of the respondent Nos. 2 & 3.

2. This is an application under Section 482 of Cr.P.C for quashing of the FIR lodged by the informant/respondent No. 2, which is registered under Goalpara Police Station under Sections 420/406 of the Indian Penal Code, 1860, corresponding to G.R. Case No. 1088/2021 along with Charge-Sheet No. 232/2021 dated 30.11.2021 and also prayed for quashing of the criminal proceeding pending before the Court of Additional Chief Judicial Magistrate, Goalpara.

3. The case of the petitioner, in brief is that, he is a businessman by profession who deals with bulk supply of locally made brooms to different parts of the State of Assam. However, to his utter surprise, he had found that on 22.05.2021, an FIR was lodged by the informant/respondent No. 2, stating inter-alia, that he had a joint family business under the name and style of "Farjana Enterprise" dealing with broomsticks (Jharu). On 09.04.2021, one Shri Sanjib Saha, son of late Nani Gopal Saha, contacted the petitioner for bulk supply of broomsticks from Dengaon in the district of Karbi Anglong, Assam, to Goalpara. After negotiating the price with the petitioner for the supply of broomsticks, Sanjib Saha informed respondent No. 2 about the arrangements. Thereafter, on 09.04.2021, the informant/ respondent No. 2 gave a 12-wheeler truck on rent and sent it to Dengaon to bring the broomsticks as per the contract with the present petitioner. On 10.04.2021, the broomsticks were loaded on the said truck, and necessary transit documents, including the transit passed etc., were handed over to the informant /respondent No. 2 upon payment of Rs. 10,00,000/- (Rupees Ten lakhs) through his mobile internet banking system into the petitioner's bank account maintained at Axis Bank, Goalpara. It is further alleged that after payment of the said amount of Rs. 10,00,000/- (Rupees Ten lakhs), the petitioner immediately fled away from the scene keeping his mobile phone in switched-off mode. Consequently, the informant/ respondent No. 2 had to unload the said truck, as he could not contact with the accused/petitioner. Thereafter, he lodged the FIR at Goalpara Police Station, which was registered as Goalpara P.S. Case No. 316/2021 under Sections 420/406 of IPC.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=zDLovBVSUw02H8XukOjXfA5FlGW0csPQe0bmBBkkL27tA3z0J4Br2a3GLsBhQl4f&caseno=Crl.Pet./1269/2022&cCode=1&cino=GAHC010255342022&state_code=6&appFlag=)

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