Chilaram Narzary vs The State Of Assam And Anr
2021 Latest Caselaw 55 Gua

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GAHC010000342021




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                  Case No. : Crl.Pet./2/2021

            CHILARAM NARZARY
            S/O LATE SACHINDRA NARZARY, R/O MAIBONG NWGWR, W/NO. 5,
            KOKRAJAHR, PIN-783370



            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

            2:BINOD GOGOI
             S/O BIMAN GOGOI
             R/O HEAD OFFICE
             MAHAJAN PATH
             JYOTI KUCHI
            ADAGUDAM
             GUWAHATI-781034
            ASSA

Advocate for the Petitioner   : MR. A K BHUYAN

Advocate for the Respondent : PP, ASSAM




                                     BEFORE
                    HON'BLE MRS. JUSTICE RUMI KUMARI PHUKAN


                                          ORDER

07-01-2021.

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By filing this petition under Section 482 of the CrPC, the petitioner has sought for quashing of the FIR which resulted in registration of Kokrajhar P.S. Case No.775/2020, under Section 406/420/408/409 of the IPC, filed by the respondent No.2, for and on behalf of the Axom Samaj Kalyan Sangathan, an NGO.

Heard Mr. AK Bhuyan, learned counsel for the petitioner as well as Mr. RJ Baruah, learned Addl. P.P., Assam appearing for the State respondent.

By referring to the bunch of documents annexed including the FIR, it is submitted by the learned counsel for the petitioner that the FIR filed by one NGO/respondent No.2, is bad in law and it does not reflect real facts of the story. Although it is alleged in the FIR that the petitioner had cheated the Sports Department of around Rs.15 crores, without doing any significant works, prepared wrong documents but referring to the documents annexed, it has been contended that the petitioner duly participated in the tender process and supplied part of the articles and the petitioner also allowed further time to supply the remaining articles.

The order from the i/c. CHD, Sports & Youth Welfare Department, BTC, Kokrajhar, dated 20.10.2020 (vide Annexure-12) has also been relied to press that the supply order has been duly made to the present petitioner and works are going on and yet to be completed. There is however no any mention about anomaly made by the present petitioner, in official communication.

Referring to three judgments of the Hon'ble Apex Court, rendered in (1) Harshendra Kumar D. vs. Rebatilata Koley and others reported in (2011) 3 SCC 351, (2) Rajiv Thapar and others vs. Madan Lal Kapoor reported in (2013) 3 SCC 330 and (3) Varala Bharath Kumar and another vs. State of Telengana and another reported in (2017) 9 SCC 413, it has been contended by the learned counsel for the petitioner that the High Court can look into the unrebutted public documents, filed in a petition under Section 482 of the CrPC.

Mr. RJ Baruah, learned Addl. P.P., Assam has however submitted that the case is at the initial stage of investigation and any interference is not called for at this stage.

I have also gone through the documents annexed.

The case was registered in the month of December, 2020. It is also noted that the FIR was lodged by an NGO i.e. the Axom Samaj Kalyan Sangathan but not from the side of the official concerned.

Let the notice be issued to the respondent No.2, by Regd. Post with A/D and usual process, returnable by six weeks and furnish extra copy to the learned counsel for the State/respondent No.1.

Call for the case diary pertaining to Kokrajhar P.S. Case No.775/2020.

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Till the returnable date, no coercive action shall be taken against the against the accused/petitioner.

JUDGE

Comparing Assistant