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ROBIN PHUKAN
Raju Sakthivel, S/o Mr. R. Raju – Appellant
Versus
Central Bureau of Investigation, Through the Superintendent of Police, CBI, ACB – Respondent
| Table of Content |
|---|
| 1. quashing of fir under section 482 cr.p.c. (Para 1 , 2) |
| 2. factual background of the case (Para 3 , 19) |
| 3. allegations of false claims and motives (Para 4 , 5) |
| 4. arguments against prosecution (Para 6 , 7 , 8) |
| 5. what is the court's stance on the sufficiency of the evidence presented against the petitioner? (Para 9 , 12 , 24) |
| 6. parameters for high court's quashing powers (Para 10 , 11) |
| 7. legal foundation for offences (Para 18 , 22 , 27) |
| 8. what is the outcome of the petition regarding its merits and validity? (Para 23) |
| 9. what considerations govern the quashing of an fir based on allegations of mala fides and procedural lapses? (Para 28) |
| 10. final order dismissing the petition (Para 35) |
JUDGMENT :
Heard Ms. N. Bordoloi, learned Counsel for the petitioner. Also heard Mr. M. Haloi, learned Special Public Prosecutor for the respondent No.1. None appears for the respondent No.2.
2. This petition, under Section 482 of the CRIMINAL PROCEDURE CODE , 1973 read with Article 226 of the Constitution of India, is preferred by Dr. Raju Sakthivel, Commissioner (Appeals), Central GST & CE, Guwahati, for quashing the First Information Report No. RC0172022A0007, dated 28.09.2022, registered
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