Farhin Iqbal, S/o Md. Ali vs State Of Assam

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Gau) 776

IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
PARTHIVJYOTI SAIKIA
Farhin Iqbal, S/o Md. Ali – Appellant
Versus
State Of Assam – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. A.M. Bora, Senior Advocate, Mr. R.J. Das, Advocate.
For the Respondent:Mr. B. Sarma, Addl. P.P., Assam, Mr. A. Phukan, Advocate.

Table of Content
1. background of the echo-cardiogram issue (Para 2 , 3 , 4 , 5 , 6 , 7)
2. arguments on applicability of forgery (Para 8 , 9 , 10)
3. court's observations and conclusions on the matter. (Para 11)
4. analysis of criminal intent and complaint viability (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19)
5. court's decision on abuse of process (Para 20)

JUDGMENT :

PARTHIVJYOTI SAIKIA, J.

Heard Mr. A.M. Bora, the learned senior counsel assisted by Mr. R.J. Das, the counsel appearing for the petitioner. Also heard Mr. B. Sarma, the learned Addl. Public Prosecutor, Assam (Respondent No.1) as well as Mr. A. Phukan, the learned counsel representing the Respondent No.2.

2. This is an application under Section 482 of the CRIMINAL PROCEDURE CODE (CrPC) praying for quashing the criminal proceedings of C.R. No.4822 of 2022 pending in the court of the learned Judicial Magistrate First Class, Kamrup(M), Guwahati.

3. Late Jatin Hazarika was admitted at Nemcare Hospital at Guwahati. The petitioner Dr. Farhin Iqbal was working in that hospital as a Cardiologist. Dr. Farhin Iqbal had conducted ECHO-Cardiogram upon late Jatin Hazarika and gave some reports. Thereafter, late Jatin Hazarika was shift