Amulya Kumar Hazarika vs The State Of Assam And Anr
2023 Latest Caselaw 844 Gua

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GAHC010041862023




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

                                 Case No. : Crl.Pet./202/2023

            AMULYA KUMAR HAZARIKA
            S/O LATE GOLAP HAZARIKA
            R/O VILL- RANGAJAN
            P.O. LETEKUPUKHURI
            P.S. BIHPURIA
            DIST. LAKHIMPUR, ASSAM
            PIN-787033



            VERSUS

            THE STATE OF ASSAM AND ANR
            REP. BY THE PP, ASSAM



Advocate for the Petitioner   : MR S BORTHAKUR

Advocate for the Respondent : PP, ASSAM




                                  BEFORE
               HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                          ORDER

Date : --01.03.2023

Heard Mr. S. Borthakur, learned counsel for the petitioner Amulya Kumar Hazarika.

The petitioner has filed an application under Section 482 Cr.PC with prayer for Page No.# 2/2

quashing the FIR of Bihpuria P.S. Case No. 425/2019, Charge-Sheet No. 310/2020 and order dated 24.03.2022 passed in the afore-mentioned case registered under Sections 120B/420/406/409 IPC.

Heard Ms. S.H. Bora, learned Addl. P.P. for respondent No. 1.

The petitioner is to furnish copies of the petition along with relevant documents and the copies of the judgments during the course of the day to the respondent No. 1.

The learned Addl. P.P. has accepted notice on behalf of respondent No. 1.

It is submitted on behalf of the petitioner that vide Order dated 24.03.2022 cognizance was taken by the trail Court in a mechanical manner against the single accused, under Sections 120B/420/406/409 IPC. It is submitted that it is not plausible that a conspiracy can be hatched up by a lone accused. It is also submitted that Section 420 IPC cannot be clubbed together with 406/409 IPC. Prosecution sanction was also not obtained. The statement of the employee, Sri Biren Saikia alleged to have been drawing salary for two years has also been recorded which does not incriminate the petitioner.

I have considered the submission at the Bar and I have perused the annexure appended along with the petition.

Issue Notice to respondent No. 2 through registered post with A/D returnable within 4 weeks.

Till then, further proceedings of PRC Case No. 14/2022 is stayed till the next date fixed.

Call for the scanned copies of the LCR and the scanned copies of the Case Diary.

List the matter on 31.03.2023.

JUDGE

Comparing Assistant