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2023 Supreme(Gau) 1170

IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
ARUN DEV CHOUDHURY, J.
Md. Miri Ali S/o Late Taleb Ali – Petitioner
Versus
The State of Assam and Another – Respondents
Crl. Pet. Nos. 152, 153, 154, 156, 157 of 2021
Decided On : 10-10-2023

Advocates:
Advocate Appeared:
For the Petitioners: M.K. Choudhury, P. Bhardwaj.
For the Respondents: K.K. Parashar, B. Kaushik.

Headnote:

Indian Penal Code, 1860 - Sections 120(B), 406, 409, 420, 468, 471, 506, 447, 325 – Criminal Procedure Code, 1973 - Section 482 - Forged signature and obtained sale permission - Illegally trespassed into land - Allegation in FIR is that accused person forged signature of informant and obtained sale permission - Accused No. 2 along with 20/22 goons illegally trespassed into his land and dispossessed him and his family members by assaulting them and has grabbed land and houses – Held, Court is of view that there is no impeachable materials are placed before Court falsify allegation made in FIR in question to enable Court to exercise its inherent power inasmuch as in case of Amit Kapoor (supra) itself relied on by Mr. Choudhury, it is clearly mandated that while exercising power under Section 482 Court cannot take into consideration any external materials given by an accused for reaching conclusion that no offence was disclosed or that there was possibility of his acquittal - Court is of unhesitant view that a prima facie case under Sections 120(B)/406/409/420/468/471 of IPC are made out and police investigation should not thwart at this stage inasmuch as through a proper investigation it can be established whether signatures are forged are not and whether other offences as alleged are committed or not – Petition dismissed.

JUDGMENT :

ARUN DEV CHOUDHURY, J.

1. Heard Mr. M.K. Choudhury, learned Senior Counsel assisted by Mr. P. Bhardwaj, learned counsel for the petitioner. Also heard Mr. K.K. Parashar, learned Additional Public Prosecutor for the State of Assam and Mr. B. Kaushik, learned counsel for the respondent No. 2.

2. The challenges:

    These criminal petitions were taken up together for hearing as all the petitions relates to the challenge of FIR/CR case arising out of the same occurrence. Therefore, the brief facts of the each of the case as narrated in the petitions following manner.

(I) Criminal Petition No. 154/2021: This petition is filed for quashing of an F.I.R. dated 13.10.2020 registered as Kampur P.S. Case No. 225/2020 under Sections 120(B)/406/409/420/468/471 of IPC lodged by the respondent No. 2 namely Md. Ali Azgar against the present petitioner and his son namely Mijar Al, one Sri Pallab Kumar, Sub Registrar, Kampur, one Smt. Sangita Borthakur, Circle Officer, Kampur Revenue Circle, one Sri Sashi Bora, 2nd Officer, Kachua Police Station and one Sri Sasinanada Bora, Deed Writer. Except the present petitioner, the other accused persons have not approached this Court. The basic allegation in the FIR is that the accused person forged the signature of the informant and obtained sale permission and on the basis of the said sale permission, executed a registered sale deed in his absence and the present petitioner (accused No. 1) got his name mutated without following any government order, rules and regulations. It was a further allegation that on 01.11.2020, the accused No. 2 along with 20/22 goons illegally trespassed into his land and dispossessed him and his family members by assaulting them and has grabbed the land and houses.

(II) Criminal petition No. 157/2021: By this petition the challenge is made to the proceeding of CR Case No. 458/2020 pending in the Court of learned Chief Judicial Magistrate, Nagaon under Section 420/506/447/325/406/468/34 of IPC 1908. The complaint was also filed by the respondent No. 2 i.e. the informant in Kampur P.S. Case No. 225/2020 as detailed hereinabove on the same factual background and same allegation, except an additional allegation against his son and son-in-law to the effect that the said two accused persons in collusion with the accused No. 1 and 2 committed the offence as alleged in the FIR. The another ground for lodging the complaint before the Magistrate was stated to be for the reason that the Kampur Police Station refused to register the FIR.

(III) Criminal petition No. 152/2021: By this petition a prayer for quashing the proceeding of CR Case No. 3/2021 pending before the court of learned Chief Judicial Magistrate, Nagaon under Section 384/420/425/441/447/448/35 of IPC, 1908 is made.

The complaint was filed by one Md. Fakaruddin respondent No. 2 who is the nephew of Ali Azgar, the informant in Kampur PS Case No. 225/2020 and complainant in CR Case No. 458/2020 as discussed hereinabove. The complaint arises out of the same incidents. The allegations are more or less same with an additional allegation that the accused person forged his signature also and counterfeited his photographs and used his forged signature for obtaining land sale permission as co-pattadar of the land in question. It was further alleged that the Sub Registrar, Kamrup, and Circle Officer, Kampur is involved with the fraud committed.

(IV) The Criminal petition No. 156/2021: By this petition a challenge is made to the complaint case being CR Case No. 02/2021 pending before the learned Court of Chief Judicial Magistrate, Nagaon under Sections 384/420/425/441/447/448/34 of IPC. Such complaint was filed by the respondent No. 2, Md. Abul Hussain son of Ali Azgar, the informant in Kampur PS Case No. 225/2020 alleging similar offence as allegedly committed on 01.11.2020.

(V) The Criminal petition No. 153/2021: By this petition a challenge is made to the complaint case being CR Case No. 314/2020 pending before the learned Court of Chi

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