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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MANISH CHOUDHURY
Sourav Agarwal, S/o Late Anjanai Kumar Agarwal – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. fir context and allegations (Para 2 , 3 , 4) |
| 2. arguments for quashing fir (Para 5 , 7) |
| 3. court's reasoning on criminal vs civil remedies (Para 8 , 12 , 13 , 14 , 15 , 16) |
| 4. definition and distinction of cheating and breach of trust (Para 9 , 10 , 18) |
| 5. conclusion on fir validity regarding ipc sections (Para 19 , 20) |
| 6. order of the court (Para 21) |
JUDGMENT :
MANISH CHOUDHURY, J.
Heard Mr. A.K. Gupta, learned counsel for the petitioners; Mr. R.R. Kaushik, learned Additional Public Prosecutor for the respondent no. 1, State of Assam; and Mr. B. Dutta, learned Senior Counsel assisted by Ms. L. Rangpi, learned counsel for the respondent nos. 2 & 3.
2. The instant criminal petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita [ BNSS ], 2023 is preferred by the two petitioners seeking setting aside and quashing of a First Information Report [FIR] registered as Tinsukia Police Station Case no. 440/2024 and all subsequent proceedings undertaken subsequent to the registration of the case.
3. The FIR in connection with Tinsukia Police Station Case no. 440/2024 was lodged before the Officer In-Charge, Tinsukia Police Station on 30.11.2024 by the respondent no. 2 as t
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