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2022 Supreme(Gau) 89

ROBIN PHUKAN
Brijesh Kumar Rai S/o Shri Jagannath Prasad Rai – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. S. Dey.
For the Respondents: Ms. S. Jahan, Mr. B. Chakravorty.

JUDGMENT :

ROBIN PHUKAN, J.

1. This Application under Section 482 of the Cr.P.C. is preferred by the petitioner, namely, Dr. Brijesh Kumar Rai, for quashing the F.I.R. No. 105/2019 of North Guwahati Police Station and the Charge-Sheet No. 50/2019 filed by the North Guwahati Police Station in criminal proceeding of PRC Case No. 367/2019, pending before the Court of learned Chief Judicial Magistrate, Kamrup, Amingaon.

2. The factual background leading to filing of the present petition is briefly stated as under:

    “The petitioner is serving as Assistant Professor at IIT, Guwahati. In the year 2015, the petitioner had brought to light the irregular manner in which M. Tech Programme of one Mr. Neeraj Kumar was being conducted by his Supervisor-Dr. Gaurav Trivedi, the respondent No. 2 herein, in contravention of M. Tech Ordinances of IIT, Guwahati. Consequent upon the said irregular case being pointed out by the petitioner, studentship of Mr. Neeraj Kumar was terminated. The role of respondent No. 2, which raised serious question about his integrity, was ignored and no action was taken against him and since then the respondent No. 2 was vindictive towards the petitioner. In the late 2018, the

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