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2023 Supreme(Gau) 497

MITALI THAKURIA
Md. Lokman Ali, S/o Md. Sayed Ali – Appellant
Versus
State Of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. A.R. Bhuyan, Adv.
For the respondents: Mr. D. Das, Mr. G. Bokalial, Adv

JUDGMENT :

Heard Mr. A.R. Bhuyan, learned counsel for the petitioner. Also heard Mr. D. Das, learned Additional Public Prosecutor representing the State respondent and Mr. G. Bokalial, learned counsel for the respondent No.2.

2. This Criminal petition is filed under Section 482 of the Code of Criminal Procedure, 1973 of the Code of Criminal Procedure, 1973, praying for quashing of the FIR dated 28.04.2020 lodged by the opposite party No.2 and CID P.S. Case No.08/2020, registered under Sections 120(B)/468/471 of the IPC.

3. The brief facts leading to the filing of the present petition is that;

3.1. The petitioner is working as the Assistant Professor in the Department of History at Barkhetri College. His post was provincialised on 12.09.2016 w.e.f 01.01.2013. The petitioner was also an Ex. Principal of the said College, who hold the post of In-Charge of the Principal w.e.f. 15.10.2001 to 07-12-2007 and again from 31.12.2010 to 18.12.2011. Due to some dispute, the claim on the post of the Principal of the present petitioner is sub-judice before this Court.

3.2. One Sk. Mubaraque Hussain lodged a complaint against the present petitioner before the Chief Minister’s Special Vigilance Cell, A

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