Phanidhar Patiri vs The Union Of India And Anr
2023 Latest Caselaw 901 Gua

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GAHC010045162023




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

                                 Case No. : Crl.Pet./214/2023

            PHANIDHAR PATIRI
            S/O LATE JAPAK PATIRI, PERMANENT RESIDENCE OF VILL- ALIGURI, P.O.
            SUBHANSHIRIMUKH, P.S. GOHAPUR, IN THE DISTRICT OF SONITPUR,
            ASSAM, INDIA AND PRESENTLY RESIDING AT HOUSE NO. 12, BISHNU
            NAGAR, SANTIRAM KRO PATHA, 01 NO. MADGHARIA, PATHARQUARY,
            P.S. NOONMATI, IN THE DISTRICT OF KAMRUP (M), GUWAHATI-71,
            ASSAM, INDIA.

            VERSUS

            THE UNION OF INDIA AND ANR
            REP. BY THE DY. SGI.

            2:SRI AJAY KUMAR
             SON OF UNKNOWN
            SUB-INSPECTOR
             RAILWAY PROTECTION FORCE NEW GUWAHATI STATION
             GUWAHATI
             KAMRUP (M)

            C/O OFFICER-IN-CHARGE OF THE RPF/POST/NGC
            P.S. RPF /POST/GC
            P.O. KAMRUP (M)
            ASSAM
            INDIA
            PIN-78100

Advocate for the Petitioner   : MR. J I BORBHUIYA

Advocate for the Respondent : DY.S.G.I.




                                          BEFORE
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                    HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                    ORDER

09.03.2023

Heard Mr. J. I. Borbhuiya, learned counsel for the petitioner and Ms. B. Sarma, learned Central Government Counsel, NF Railway, appearing for respondent No.1.

By this petition under Section 482 read with Sections 397/401 of the Cr.P.C., the petitioner has prayed for setting aside and quashing the impugned FIR dated 16.11.2022 of RPF/Post/NGC case No. 8/2022 under Section 3(a) RP (UP) Act.

Mr. J. I. Borbhuiya, learned counsel for the petitioner has cited the following judgments rendered by the Hon'ble Supreme Court of India: (1) State of Haryana and Ors vs. Bhajan Lal and Ors reported in 1992 AIR 604 (2) Ramesh Chandra Gupta vs State of U.P. & Ors reported in Criminal Appeal No

(s) 2060 of 2022.

As Ms. B. Sarma, learned Central Government Counsel, NF Railway has entered appearance on behalf of the State respondent No.1, no fresh notice need to be issued. However, a copy of the petition along with the documents annexed thereto be furnished to her within two days.

Issue notice upon the respondent No. 2 by registered A/D post as well as usual process within five days.

Legible scanned copy of the case diary be produced by Ms. B. Sarma, learned Central Government Counsel NF, Railway.

List the matter 3(three) weeks.

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Interim prayer will be considered after receipt of the scanned copy of the case diary.

JUDGE

Comparing Assistant