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2024 Supreme(Gau) 1004

MALASRI NANDI
Marnya Chiram S/o Lt. T. Chiram – Appellant
Versus
Vijay Kumar Agarwala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR.T SIRAM, MS.G SUTRADHAR,MR.R HUSSAIN
For the Respondent: MR.A R SHOMER-1, MR.A J GHOSH(R-1),

JUDGMENT :

MALASRI NANDI, J.

Heard Mr.R.Hussain, learned counsel for the petitioner and Mr. B.Sarma, learned Additional Public Prosecutor for the State/respondent No.2. None appears for the respondent No.1.

2. By filing this application under Section 482 CrPC, the petitioner has prayed for quashing of the criminal proceeding in connection with Complaint Case No. 94c/2015 under Section 406/420/447/294/506 IPC pending in the court of learned Judicial Magistrate, 1st Class, Tinsukia.

3. The fact of the case, in brief, is that proforma opposite party being proprietor of M/S Huto Trading Agency, entered into an agreement with Government of Arunachal Pradesh for construction of works and maintenance of road from old Abali to Ingino via Harupahar, Arango and Denlo, Arunachal Pradesh under PMGSY by the Executive Engineer, Rural Works Department, Roing, Arunachal Pradesh and accordingly, an agreement was executed to do that work.

3. The proforma opposite party No. 2 Teli Kechi executed irrevocable power of attorney in favour of opposite party No.1 and both the opposite parties entered into an agreement to complete the balance works. Thereafter, the opposite party No. 1 approached the petitioner

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