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2023 Supreme(Gau) 190

KALYAN RAI SURANA
Birendra Kumar Jha S/O Sri Hari Nath Jha – Appellant
Versus
State Of Assam Rep. By The PP – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. D Bora

JUDGMENT :

Heard Mr. B.K. Mahajan, learned counsel for the petitioner. Also heard Mr. D.P. Goswami alongwith Mr. Bankim Sarma and Mr. Bhaskar Sarma, learned APP for the State respondent no.1 as well as Mr. N. Deka, learned counsel for the respondent no.2.

2. By filing this criminal petition filed under section 482 Cr.P.C., the petitioner has prayed for quashing of the proceedings of PRC No. 2574/2022, arising out of Noonmati PS Case No. 265/2022 under sections 419/471/193/506 IPC read with sections 66 and 66D of the Information Technology Act, 2000 (IT Act for short).

3. The learned counsel for the petitioner had extensively referred to the FIR dated 02.06.2022, lodged by the then Chief General Manager (HR) on behalf of Indian Oil Corporation Limited, Guwahati Refinery. By extensively referring to the provisions under which the case was registered, it was submitted that if at all the allegations were true, the petitioner had merely impersonated a fake identity, but the ingredients of cheating by personation (sec.419 IPC), using as genuine a forged document (section 471 IPC), giving or fabricating false evidence in a judicial proceeding (section 193 IPC), criminal intimidation (section

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