ASHOK KUMAR PANSARI Vs. THE STATE OF MEGHALAYA AND 4 ORS.
HIGH COURT OF GAUHATI
Ashok Kumar Pansari
The State Of Meghalaya And 4 Ors.
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SUMAN SHYAM,J. -
(1.) Heard Mr. A.M. Bora, learned Sr. counsel assisted by Mr. J. Patowary, learned counsel appearing for the writ petitioner. Also heard Mr. A.K. Bhuyan, learned counsel representing respondent No. 4. Mr. A. Nath, learned counsel appears for respondent Nos. 1 to 3.
(2.) This writ petition has been filed invoking the jurisdiction of this Court under Article 226(2) of the Constitution of India praying for quashing the First Information Report (FIR) dated 04-06-2017 as well as the Khanapara P.S. Case No. 26(6)/2017 registered under Section 500/ 505(C)/ 120B of the IPC read with Section 67 of the I.T. Act, 2000 on the grounds mentioned therein.
(3.) The facts of the case, briefly stated, is that the respondent No. 4 had lodged an FIR with the Meghalaya Police on 04-06-2017 complaining that the writ petitioner has circulated a 'sms' through WhatsApp to his well wishers and many other persons spreading rumors with a view to damage the reputation of the informant and a Politicians from the State of Meghalaya with the intent to cause fear or alarm in the mind of the public, his partners and other relatives . It has also been alleged in the FIR that the petitioner has hatched a conspiracy with other persons of Royal Global School, viz. A.K. Modi and Susil Kr. Pansari so as to lower the credibility of the informant. On receipt of the FIR, the Meghalaya police had registered Khanapara P.S. Case No. 26(6)/2017 under Section 500/ 505(C)/120B of IPC read with Section 67 of the I.T. Act and thereafter, started investigation in the matter.;
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