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2023 Supreme(Gau) 1238

ROBIN PHUKAN
Kishor Bhattacherjee, S/o. Late Keteki Ranjan Bhattacharjee – Appellant
Versus
State of Assam, Represented by the P. P. Assam – Respondent


Advocates Appeared:
For the Petitioner: Mr. M.K. Choudhury, Sr. Adv., Mr. S. Khound.
For the Respondents: Mr. D. Das, Addl. P.P., Mr. A.R. Bhuyan.

JUDGMENT :

Heard Mr. M.K. Choudhury, learned Sr. Counsel assisted by Mr. S. Khound, learned counsel for the petitioner. Also heard Mr. D. Das, learned Addl. P.P. for the respondent No.1, i.e. State of Assam and Mr. A.R. Bhuyan, learned counsel for the private respondent No.2.

2. This petition, under Section 482 of the Code of Criminal Procedure, 1973 is preferred by Shri Kishor Bhattacharjee and Smti Papun Bhattacharjee for quashing the First Information Report of Geetanagar P.S. Case No.308/2019, registered under sections 120B/385/420/468/34 IPC, lodged by informant Keshab Ch. Das on 25.07.2019.

3. The background facts, leading to filing of the present petition, is briefly stated as under:-

    “On 25.07.2019, one Keshab Ch. Das of Zoo Narengi Road, Guwahati, lodged one F.I.R. with the Geetanagar Police Station, alleging inter alia amongst others that on 24.07.2019, at about 11 am, two persons came to his residence and introduced themselves as Shri Kishor Bhattacharjee and Smti Papun Bhattacharjee and since he and his wife were absent, they handed over to his son some papers and demanded a sum of Rs.14,25,000/- and asked his son to make payment immediately else they would take action agai

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