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2023 Supreme(Gau) 664

ROBIN PHUKAN
Nextenders India Private Limited – Appellant
Versus
State of Assam, Rep. by the Deputy Superintendent of Police, HQ. , CID, Police Station, Assam – Respondent


Advocates Appeared:
For the Petitioner: Mr. H.K. Sarma, Mr. D. Nath.
For the Respondent: Mr. A.M. Bora.

JUDGMENT :

Heard Mr. B.D. Das, learned Senior Counsel being assisted by Ms. R. Deka, learned counsel for the petitioners in both the petitions. Also heard Mr. P.S. Lahkar, learned Addl. P.P., Assam, appearing for the State respondent as well as Mr. K. Kalita, learned counsel appearing for the respondent No.2 of Criminal Petition No.722/2014.

2. By this common judgment and order, it is proposed to dispose of two criminal petitions, being Crl. Petition No.768/2014 and Crl. Petition No.722/2014, as the petitioners of both the petitions have prayed for quashing of the proceeding of Complaint Case No.466C/2014, under Section 409/420/468/471 of the IPC, read with Section 65/66 of the I.T. Act, 2000, pending in the Court of Judicial Magistrate, First Class, Kamrup at Guwahati, corresponding CID P.S. Case No.13/2014, under Section 409/420/468/471 of the IPC, read with Section 65/66 of the I.T. Act, 2000, on the basis of the complaint lodged by one Prabir Kalita/respondent No.2, and the order of the learned Judicial Magistrate, First Class, Kamrup (M) at Guwahati dated 18.02.2014, passed in Complaint Case No.466C/2014, as a common question of law is involved in the same.

3. The factual backgro

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