1. Heard Mr. B.R. Dey, learned senior counsel, appearing on behalf of the accused-petitioner, and Mr. B.S. Sinha, learned Additional Public Prosecutor, Assam.

2. By making this application under section 482, Cr.PC., the petitioner, who is accused in Fatashil Ambari Police Station Case No. 52/2008 under sections 468/420, IPC, has sought for quashing the First Information Report, which has given rise to the case aforementioned.

3. The principle contention of Mr. Dey is that the FIR, in question, discloses civil litigation and the informant-opposite party No. 2 herein has wrongly taken recourse to police action by lodging an FIR and the police have also acted illegally in registering a criminal case, commencing the investigation and arresting the petitioner. In support of his submission that a civil action cannot be made basis for launching a criminal prosecution, Mr, Dey relies on Ram Biraji Devi & Anr. v. Umesh Kumar Singh & Anr., AIR 2006 SC 2035, M/s. Indian Oil Corporation v. M/s. NEPC India Ltd. & Ors. AIR 2006 SC 2780, Municipal Corporation of Delhi v. Ram Kishan Rohtagi and Others AIR 1983 SC 67, and Hari Prasad Chamaria v. Bishun Kumar Surekha and Others, AIR 1974 SC 301.

4. As

Click Here to Read the rest of this document