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MRIDUL KUMAR KALITA
Gopal Talukdar, S/o. Late Dhaneshwar Talukdar – Appellant
Versus
State of Assam – Respondent
1. Heard Mr. K. Sarma, learned counsel for the petitioner. Also heard Mr. D. Das, learned Additional Public Prosecutor appearing for State of Assam and other respondents.
2. This application under Section 482 of the Code of Criminal Procedure, 1973 has been filed by the petitioner, Shri Gopal Talukdar praying for quashing of the FIR dated 01.08.2021 filed by the respondent No. 3 before Officer-In-Charge of Barama Police Station and on the basis of which Barama P.S. Case No. 83/2021 was registered. The Petitioner has also prayed for quashing of the charge sheet No. 61/21 dated 29.09.2021 which has been filed after completion of the investigation of Barama P.S. Case No. 83/2021.
3. The case of the petitioner as averred in the criminal petition, in brief, is that the petitioner is a practicing advocate in the courts at Bajali and Baksa since 2004. On 30.07.2021, one Monjit Roy, who is the client of the present petitioner, requested the present petitioner to write an FIR (First Information Report) regarding the death of his mother Jaya Roy near Barama Over Bridge on being knocked down by a vehicle bearing Registration number AS-25P-6814. Accordingly, on the request of his client, the pr
The main legal point established in the judgment is the application of Section 482 of the Code of Criminal Procedure, 1973 to prevent abuse of the process of court and secure the ends of justice, par....
The court emphasized that the power under Section 482 Cr.P.C. should be sparingly exercised and that the court should not interfere with the investigation unless no cognizable offence is disclosed. I....
Power under Section 482 CrPC has to be exercised sparingly and cautiously to prevent abuse of process of any Court and to secure ends of justice.
The main legal point established in the judgment is the court's power to quash proceedings under Section 482 of the CrPC to prevent abuse of the process of law and to secure the ends of justice.
A second FIR cannot be filed for the same offences due to the principles set forth in Section 162, CrPC, and the distinction between civil and criminal disputes is paramount in determining maintainab....
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