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MANOJIT BHUYAN
Vinnet Gupta – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For the Petitioner: Mr. D. Chakraborty, Mr. S.R. Baruah
For the Respondents: Mr. B.B. Gogoi, Mr. A.K. Azad

JUDGMENT AND ORDER :

Manojit Bhuyan, J.

The prayer for quashing the First Information Report dated 6.8.2015 is primarily on the doctrine of autrefois acquit.

2. The basic facts to be noticed is that on 6.8.2015 the Respondent No. 2 lodged first information before the In-charge, Jalukbari Police Out Post, Guwahati, making imputations against the petitioner and others. On receipt thereof, Jalukbari Police Station Case No. 616/2015 dated 6.8.2015 was registered under Sections 406, 420, 468, 471 of the Indian Penal Code.

3. The ingredients of the accusations to bring in the applicability of the offences for criminal breach of trust, cheating, forgery for the purpose of cheating and using a forged document as genuine are laid on the premises that the petitioner had approached the respondent/informant with a proposal that the latter should purchase a "Large Format Inject Printer Machine" and start the business of printing on glass, tiles etc., which would ensure heavy profit. On a particular day, the petitioner had visited the residence of the respondent/informant with another person i.e. Dhananjay Tewari and had discussed on the details and sale consideration of the machine, stated to be Rs




















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