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2023 Supreme(Gau) 76

ROBIN PHUKAN
Lohit Das And Ors. S/o Sri Rajoni Das – Appellant
Versus
State Of Assam Rep. By The PP, Govt. OF Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. L Gogoi
For the Respondent: PP, Assam

JUDGMENT :

Heard Mr. L. Gogoi, learned counsel for the petitioners. Also heard Ms. N. Das, learned Addl. Public Prosecutor, Assam appearing for the State respondent.

2. This petition, under Section 482 of the Code of Criminal Procedure, is preferred jointly by three petitioners, namely, (1) Sri Lohit Das, (2) Sri Nitul Das and (3) Smti. ‘X’ (name withheld), for quashing of the Gohpur P.S. Case No.71/2020, corresponding to G.R. Case No.83/2020 and PRC No.102/2022, under section 366(A) of the IPC, pending before the Court of learned SDJM (M), Gohpur in Biswanath District.

3. The factual background of filing of the present petition is briefly stated as under:

    “On 17.02.2020, one Lohit Das, son of Rajoni Das of Rahdhola Danigaon lodged an FIR with the Officer-in-Charge of Gohpur Police Station to the effect that on that day, at about 10:00 A.M., Sri Nitul Das has kidnapped his daughter Smti. ‘X’ (name withheld), 17 years from his house.”

4. Upon the said FIR, the Officer-in-Charge of Gohpur Police Station had registered a case, being Gohpur P.S. Case No.71/2020, under Section 366(A) of the IPC and entrusted ASI Bijoy Sarma to take preliminary step and also endorsed SI D. Nath to complete th

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