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THE GAUHATI HIGH COURT AT GUWAHATI, (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)(PRINCIPAL SEAT)
ANJAN MONI KALITA
Bhaskar Kr. Baishya @ Bhaskar Jyoti Baishya, S/o Late Hangsha Nath Baishya – Appellant
Versus
Usha Rani Baishya, W/o Laste Hangsha Nath Baishya – Respondent
| Table of Content |
|---|
| 1. allegations of fraud and deceit in property transactions. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 2. claims of civil nature over criminal allegations. (Para 14 , 15 , 16 , 17 , 18 , 19) |
| 3. opposite party argues serious criminal elements. (Para 21 , 22 , 23 , 24) |
| 4. assessment of prima facie criminal elements. (Para 26 , 28 , 35) |
| 5. petition allowed due to lack of criminal elements. (Para 34 , 36 , 37 , 38) |
JUDGMENT :
ANJAN MONI KALITA, J.
Heard Mr. B. K. Sen, learned counsel for the petitioner. Also heard Mr. S. Choudhury, learned counsel for the respondent No. 1 and Mr. R. J. Baruah, learned APP, for the respondent No. 2-State of Assam.
2. The instant application under Section 528 of BNSS , 2023, has been filed by the petitioner for quashing of the criminal proceeding in C.R. Case No. 572/2023, filed under Section 406 /420/468/504/506 of I.P.C., pending in the court of the Judicial Magistrate First Class, (JMFC), Kamrup (M), Guwahati.
3. The gist of the case is that, the opposite party No. 1, namely, Smti. Usha Rani Baishya filed a complaint dated 12.06.2023 in the Court of Judicial Magistrate First Class (JMFC), Kamrup (M), Guwahati, alleging, inter alia that the
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