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2022 Supreme(Gau) 564

ROBIN PHUKAN
Lakhinandan Gogoi S/o Jugananda Gogoi – Appellant
Versus
State of Assam and Anr Rep. by the PP, ASSAM – Respondent


Advocates Appeared:
For the Petitioners: Mr. K. N. Choudury, Sr. Adv., Mr. S. Barthakur, Adv.
For the Respondent: Ms. A. K. Bhuyan, Adv., Mr. D. Das APP

JUDGMENT :

1. Heard Mr. K. N. Choudury, learned senior counsel, assisted by Mr. S. Barthakur, learned counsel for the petitioner and also heard Mr. D. Das, learned Additional Public Prosecutor Assam for the respondent No. 1 and Mr. A. K. Bhuyan, learned counsel for the respondent No. 2.

2. This application, under Section 482 of the Criminal Procedure Code, is preferred by the petitioner-Shri Lakhinandan Gogoi for quashing the F.I.R of Dispur P.S. Case No. 3821/2021, under Sections 376/417 IPC and the Charge-Sheet dated 30.11.2021, filed under Sections 417/376/493 IPC against the petitioner.

3. The factual background leading to filing of this petition is briefly stated as under: -

    “On 18.10.2021, the informant -Smti. X (name withheld) lodged one FIR with the Dispur Police Station to the effect that accused Shri Lakhinandan Gogoi was in relationship with her since 2019, during the last April he brought her to MBEES Apartment Flat No. 201 at Ganeshguri promising to marry her and both of them lived together as husband and wife in the said flat, thereafter, on 22.09.2021, the accused including his father, mother, uncle and aunt and elder people of the family came to discuss about the m

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