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2018 Supreme(Gau) 1419

A.K.GOSWAMI
Basant Kumar Agrawal – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For the Petitioners:Mr. R. Dubey, Advocate
For the Respondents:Mr. S.R. Barua, Mr. S.K. Sarkar and Mr. P.P. Dutta, Advocates

JUDGMENT & ORDER :

A.K. Goswami, J.

Heard Mr. R. Dubey, learned counsel for the petitioners. Also heard Mr. S.R. Barua, learned State counsel appearing for respondent Nos. 1 and 2, Mr. S.K. Sarkar, learned counsel appearing for respondent No. 6 and Mr. P.P. Dutta, learned counsel appearing for respondent Nos. 3, 4 and 5.

2. Though the petition is styled as one under Article 226 of the Constitution of India and section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.), Mr. Dubey, at the outset, submits that this petition may be taken to be one under Article 226 of the Constitution of India.

3. By this writ petition, the petitioners pray for quashing of the FIR dated 24.5.2016 registered as Lakhisarai Police Station Case No. 255/2016 and, alternatively, pray for a direction to transfer the investigation of Lakhisarai Police Station Case No. 255/2016 from the State of Bihar to the State of Assam.

4. At the very outset, it will be appropriate to say that in the affidavit filed by the respondent Nos. 3, 4 and 5 as well as in the affidavit filed by respondent No. 6, preliminary objection is taken with regard to maintainability of the petition on the ground that this Court does not have te































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