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2023 Supreme(Gau) 721

SUSMITA PHUKAN KHAUND
Muchiar Rahman Mallik S/o Lt. Nur Mohammad Mallik – Appellant
Versus
State Of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. A. Islam Advocate
For the Respondent: Mr. B. Sarma, Mr. S. Hussain

JUDGMENT :

1. Heard Mr. A. Islam, learned counsel for the petitioner as well as Mr. B. Sarma, learned Addl. P.P. for the respondent no. 1. Also heard Mr. S. Hussain, learned counsel for the respondent nos. 2 and 3.

2. The petitioner has filed this application under Section 482 Cr.P.C with prayer for quashing of the impugned FIR dated 02.11.2014 registered as Dispur P.S. Case No. 2372/2014, charge-sheet No. 290/2021 dated 11.09.2021, the order of cognizance dated 09.05.2022 passed in PRC Case No. 1353/2022 by the learned Judicial Magistrate 1st Class, Kamrup (M) Guwahati.

3. The FIR unfolds that the respondent no. 2 had taken on rent two rooms for business purpose from the petitioner and an amount of Rs. 14.50 Lakhs was paid by the respondent no. 2 to the petitioner and a money agreement was executed. The petitioner however, did not hand over the rooms to the respondent no. 2 as agreed and the same rooms were let out on rent to another tenant. On the basis of this FIR, the Dispur P.S. 2372/2024 was registered against the petitioner. The deed of agreement is marked as Annexure-1. It is submitted that the respondent no. 2, is the informant and the respondent no. 3 is the informant’s fath

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