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2024 Supreme(Gau) 546

ARUN DEV CHOUDHURY
Jakir Hussain And Anr S/o Moin Uddin – Appellant
Versus
State Of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. R Ali
For the Respondent: PP, Assam, Mr. M. P. Goswami, Addl.PP, Mr. M. K. Hussain, Adv.

1. Heard Mr. R. Ali, learned counsel for the petitioners. Also heard Mr. M. P. Goswami, learned Additional Public Prosecutor for the State respondent and Mr. M. K. Hussain, learned counsel for the respondent No. .

2. The present application is filed under Section 482 of Cr.P.C. assailing the criminal proceeding being PRC No. 419/2023 under Section 120(B)/406/420/506/34 of IPC corresponding to Murajhar PS Case No. 86/2023 pending in the Court of learned Judicial Magistrate 1st Class, Hojai at Sankardev Nagar.

3. Mr. Ali, learned counsel for the petitioners submits that from the FIR, no material is disclosed to proceed against the petitioners and to prosecute them under Sections 406/420/506 of IPC.

4. Per contra, Mr. M. K. Hussain, learned counsel for the respondent/informant submits that the FIR is not always a gospel truth and the investigating officer has filed a charge sheet after completion of the investigation, and therefore, such criminal proceeding should not be stalled in exercise of power of this Court under Section 482 of Cr.P.C..

5. This Court has given anxious consideration to the submissions advanced by the learned counsel for the parties. Also perused the materials availab

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