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2014 Supreme(Gau) 699

UJJAL BHUYAN
Mahal Chand Motilal Kothari – Appellant
Versus
Central Bureau of Investigation – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:G.N. Sahewalla, Sr. Advocate, P. Bora and Aslam, Advocates
For Respondents/Defendant:P.N. Chaudhury, Retainer Counsel and M.K. Das, Advocate
Subject: Criminal

JUDGMENT

Ujjal Bhuyan, J.

1. This petition under Section 482 of the Code of Criminal Procedure, 1973 seeks quashing of the proceedings in Special Case No. 4792/2003 pending in the Court of Special Judicial Magistrate, Kamrup at Guwahati. Petitioners have been named as accused in Special Case No. 4792/2003. The criminal case was set in motion on a complaint lodged by respondent No. 2 which was investigated by respondent No. 1. On completion of investigation, respondent No. 1 filed charge-sheet alleging commission of offence u/s. 120B/420 IPC by the petitioners.

2. The case of the prosecution according to the charge sheet submitted is that the Central Bureau of Investigation (CBI) registered a case on 6th May, 2002 bearing No. RC SIA 2002 E 002 under Section 120-B read with Sections 420, 467 and 471IPC and Section 13(2) read with Section 13(1)(d) of P.C. Act, 1988 and substantive offences under Sections 420, 467, 469, 471IPC and Section 13(2) read with Section 13(1)(d) of the P.C. Act, 1988 against Sri Motilal Kothari, Sri Raichand Kothari, Smti. Kushum Kothari, Smti. Barji Devi Kothari, Smti. Sampat Devi Kothari, Sri Pramod Kumar Kothari, Sri D.S. Kothari and Sri Anil Kothari alongwith






























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