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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
PARTHIVJYOTI SAIKIA, J
Tapan Saha S/o Late Anil Kumar Saha – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
PARTHIVJYOTI SAIKIA, J.
1. Heard Mr. P. Bhowmick, learned counsel appearing for the petitioner. Also heard Mr. K. Baishya, the learned Public Prosecutor, State of Assam representing Respondent No.1 as well as Mr. M.K. Das, the learned counsel representing Respondent No.2.
2. This is an application under Section 528 of the BNSS, 2023 praying for quashing the FIR and the charge sheet in respect of All Women P.S. Case No.32/2024 and the Charge Sheet No.27/2024 dated 29.06.2024.
3. The Respondent No.2 has stated that she met the present petitioner in Instagram. He introduced himself to be 35 years old, unmarried and was looking for a bride. Over a period of time, the petitioner managed to gain the trust of the Respondent No.2. The petitioner allegedly treated the Respondent No.2 as his wife. He even took her to his house where he lived alone.
4. The Respondent No.2 came to know that the person whom the petitioner introduced to her as his tenant was actually his elder brother. But the Respondent No.2 decided to neglect the said act of the petitioner, considering the fact that the petitioner treated her as his wife.
5. The petitioner and the Respondent No.2 had regular physical rela
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