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2023 Supreme(Gau) 823

SUSMITA PHUKAN KHAUND
Saju Thachethukudy Kuriakose S/O T. P. Kurian @ T. P. Kuriakose – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr.G. Uddin, Advocate
For the Respondents: Mr. K.K. Das

JUDGMENT :

1. Heard Mr. G. Uddin, learned counsel for the petitioners. Also heard Mr. K.K. Das, learned Addl. P.P. for respondent no. 1.

2. The petitioners, namely, Saju Thachethukudy Kuriakose and Jimmy Gabrial Ainekal have filed this application under Section 482 of the Code of Criminal Procedure (Cr.P.C. for short) for quashing the proceeding arising out of FIR vide Palashbari P.S. Case No. 191/2021, (GR Case No. 643(K)/2021), registered under Sections 420/468/406/294(a)/506/34 of Indian Penal Code (IPC for short).

3. The petitioner no. 2 is the Principal of St. Joseph School, situated at Borkuchi, Mirza and the petitioner no. 1, is an employee of school. On 26.03.2021, the respondent no. 2 (hereinafter the informant) namely, Selvan C Johan lodged an FIR contending inter-alia that on 23.03.2021, the petitioners, using abusive language threatened the respondent no. 2 and demanded that the respondent no. 2 leaves the school, where, he was working. The respondent no. 2 claims to be the absolute the owner of St. Joseph School, at Borkuchi Chowk and the petitioner no. 1 was the financial in-charge while the petitioner no. 2 was the Principal of St. Joseph School, at the time of the inci

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