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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
PARTHIVJYOTI SAIKIA
Mokbul Hossain – Appellant
Versus
State Of Assam – Respondent
| Table of Content |
|---|
| 1. complaint regarding assault and intimidation (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. confusion over legal representation (Para 11 , 12 , 13 , 14 , 15 , 16 , 18) |
| 3. claims of inadvertent mistake and ethical concerns (Para 19 , 20 , 26 , 27) |
| 4. definition and analysis of forgery under ipc (Para 21 , 22 , 23 , 24 , 25) |
| 5. lack of prima facie case against petitioners (Para 28 , 30) |
| 6. court quashes proceedings based on abuse of process (Para 29 , 31 , 32) |
JUDGMENT :
PARTHIVJYOTI SAIKIA, J.
Heard Mr. Z. Kamar, the learned senior counsel assisted by Mr. P.D. Choudhury, the counsel appearing for the petitioners. Also heard Ms. H.S. Bora, the learned Addl.Public Prosecutor, Assam.
2. This is an application under Section 482 of the CRIMINAL PROCEDURE CODE praying for quashing the proceedings of C.R. Case No.664/2019 pending in the court of the learned Chief Judicial Magistrate, Kokrajhar.
3. Both the petitioners are practicing advocates and members of Gossaigaon Bar Association. On 28.06.2016, Smti. Muslima Bibi had lodged a Complaint Petition under Section 200 of the CrPC in the court of the learned Sub-Divisional Judicial Magistrate, Gossaigaon.
4. In the said complaint, it w
Mistakenly representing both complainant and accused does not constitute forgery; no prima facie case under Section 466 of the IPC found.
There must be a prima facie case for a cognizance order; if facts only reveal a civil dispute, the criminal proceedings cannot proceed.
Quashing of criminal proceedings due to lack of sufficient evidence and failure to consider prior relevant filings by the opposite party.
It is well settled that in order to constitute an offence of cheating, it must be shown that the accused had fraudulent or dishonest intention at the time of making the representation or promise and ....
The court established that civil disputes can coexist with criminal allegations, and the merits of such allegations must be determined through trial, not preemptively dismissed.
To attract the offence of forgery, the accused must be the maker of the forged document. The court also emphasized the importance of providing due opportunity to address arguments and the limitations....
The court ruled that mere execution of a sale deed does not constitute forgery unless it is proven that the document was made with fraudulent intent to mislead, while a prima facie case under Section....
The main legal point established in the judgment is that in cases of alleged forgery, the court must consider the nature of the dispute, the absence of financial loss or loss of property, and the set....
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