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2022 Supreme(Gau) 802

ROBIN PHUKAN
AFSER KHAN S/O MUSLEM KHAN – Appellant
Versus
STATE OF ASSAM – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: MD. S. ALOM.

JUDGMENT :

ROBIN PHUKAN, J.

1. Heard Mr. S. Alom, learned counsel for the petitioners. Also heard Ms. S. Jahan, learned Addl. P.P. Assam for the State/respondent.

2. This petition, under Section 482, read with Section 401 of the Cr.P.C. is preferred by the two petitioners, namely, Afser Khan and Nur Mahammad for quashing of the charge sheet, submitted by the I.O. in connection with the Baghbar P.S. Case No. 255/2014, under Section 489(A)/489(C)/34 of the IPC, wherein the petitioners were declared absconders and also for quashing the criminal proceeding pending before the learned Addl. CJM, Barpeta, in PRC Case No. 355/2022 (G.R. No. 4340/2014) and allowing the petitioners to go on bail.

3. The factual background leading to filing of the present petition may be briefly stated as under:

    “On 03.07.2014, ASI Surujul Hoque of Mandia Out Post, lodged an FIR with the Mandia Out Post alleging, inter-alia, amongst others that they came to know that one Aminul Islam of village Satrakonora, under Baghbar Police Station, has been running a racket of fake currency notes in last few days and on 03.07.2014, he was coming to Mandia Bazar for the said business transaction in a motorcycle bearing Regn. N

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