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2023 Supreme(Gau) 1473

DEVASHIS BARUAH
Prahlad Sharma @ Prahlad Rai Sharma, S/o. Begraj Sharma – Appellant
Versus
State of Assam, Represented by the PP, Assam, Guwahati – Respondent


Advocates Appeared:
For the Petitioner: Mr. A.K. Purkayastha.
For the Respondent: Mr. A.K. Bishaya.

JUDGMENT :

Devashis Baruah, J.

The instant writ petition has been filed by the Petitioner challenging the FIR dated 28.06.2021 lodged by the Respondent No. 5 before the Officer-In-Charge of Sector 10-A Gurugram Police Station at Haryana.

2. This Court have duly perused the translated copy of the FIR which has been enclosed as Annexure-3 to the writ petition. From a perusal of the said FIR, it reveals that the Respondent No. 5 claims that he has a broom making factory at Gali No. 1, Vikash Nagar, Gurugram and carries on business in the name and style of “ D.S. Enterprise”. It is alleged in the FIR that a person named Ritu Moni Kalita had contacted the Respondent No. 5 and asked him to take raw materials for making broom from him. The Respondent No. 5 thereupon went to Jagiroad to meet the said Ritu Moni Kalita. It is further alleged that the said Ritu Moni Kalita came to the Respondent No. 5 and informed the Respondent No. 5 that if he puts Rs.3,00,000/- in the account of Shri Ritu Moni Kalita, the said person would send the raw materials for making broom to Gurugram. It was alleged that the Respondent No. 5 deposited Rs. 2 lakhs on 26.02.2020 and Rs. 1 lakh on 29.02.2020 in the said R

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