PARSHU RAM AGARWALLA Vs. STATE OF ASSAM AND ANR.
LAWS(GAU)-2018-1-155
HIGH COURT OF GAUHATI
Decided on January 25,2018

Parshu Ram Agarwalla Appellant
VERSUS
STATE OF ASSAM And ANR. Respondents

JUDGEMENT

MIR ALFAZ ALI,J. - (1.) AND ORDER - Heard Mr. A.M. Bora, learned Sr. Counsel for the petitioner and Mr. D. Das, learned Addl. P.P., Assam as well as Mr. N. N. Upadhaya, learned counsel for the respondent No. 2.
(2.) This petition under Section 482 CrPC has been filed praying for quashing the FIR lodged by the private respondent No. 2 against the petitioner and the Tinsukia P.S. Case No. 742/2016 arising out of the said FIR.
(3.) The respondent No. 2 lodged a complaint before the Sub-Divisional Judicial Magistrate (SDJM), Sonari against the petitioner and the learned SDJM sent the complaint to police under Section 156(3) CrPC for registering a case and accordingly, the police registered Sonari P.S. Case No. 42/2016. However, the place of occurrence having fallen within the jurisdiction of Tinsukia, the FIR was forwarded to the Tinsukia Police Station and eventually Tinsukia police registered Tinsukia P.S. Case No. 742/2016 under Section 420/406/120B IPC. Assailing the said FIR and the police case, the petitioner has approached this court for quashment of the FIR and also the criminal case arising out of such FIR.;


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