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2022 Supreme(Gau) 672

ARUN DEV CHOUDHURY
Idris Ali Oheb S/O. Lt. Nuruddin Ali – Appellant
Versus
State of Assam Rep. By PP, Assam – Respondent


Advocate Appeared:
For the Petitioner:Mr H R A Choudhury, Mr. I A Hazarika, Advocate
For the Respondent:Mr. S Borthakur, Mr. A Deka, Advocates, Mr. B Sarma, Addl PP

JUDGMENT :

Heard Mr. I A Hazarika, learned counsel for the petitioners. Also heard Mr. S Borthakur, learned counsel, Mr. A Deka, learned counsel representing respondent No. 2 and Mr. B Sarma, learned Addl. P.P., Assam.

2. The two petitioners have filed the present application under Section 482 Cr.P.C. praying for quashing the FIR dated 07.08.2019 being registered as Lanka P.S. Case No. 371/2019 under Sections 406/471 IPC read with Section 3 (U) of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989.

3. The FIR so registered reflects the followings:

    I. The informant, Sri Modhu Baul has been working as assistant teacher since the year 1986 at Moulana Abdul Hannan Khan High School.

II. On 30.09.2016, the then In-charge headmaster of the school, namely, Idris Ali Oheb (petitioner No. 1) retired from the school.

III. On his retirement the petitioner No. 1 ought to have been handed over the charge of the Principal as per Rule to the informant being the senior most teacher.

IV. However, he has handed over the charge of the headmaster to another assistant teacher junior to the informant, namely, Afaz Uddin (petitioner No. 2) and the said Afaz Uddin was having a fake B.Ed. d

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