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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SUSMITA PHUKAN KHAUND
Keshab Gogoi S/o Late Lohit Gogoi – Appellant
Versus
State Of Assam And Anr Rep By The PP, Assam – Respondent
| Table of Content |
|---|
| 1. factual context regarding the partnership agreement, disputed fund transfers, and initial cognizance. (Para 1 , 2 , 5 , 6) |
| 2. parties' contentions regarding the existence of criminal intent versus a civil dispute. (Para 3 , 4 , 7 , 8) |
| 3. judicial assessment of whether proceedings warrant quashing through precedents on civil vs criminal disputes. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 4. conclusion that quashing is premature; issues must be raised at the stage of framing charges. (Para 22 , 23 , 24 , 25 , 26) |
JUDGMENT AND ORDER (ORAL) :
Heard Mr. H. Ali, learned counsel for the petitioner Sri Keshab Gogoi, who has filed this application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS for short) with prayer for quashing the proceeding in PRC No. 293/2024 and the order of taking cognizance dated 19.08.2024 in the aforementioned case.
2. Heard learned counsel Mr. S.K. Poddar and learned counsel Mr. R. Ghosh for the respondent No. 2 Sri Nitul Medhi and learned Additional Public Prosecutor Mr. B. Sarma for the respondent State.
3. It is submitted by the learned counsel for the petitioner that vide order dated 19.08.2024 in
The court affirmed that a party only involved in a civil contract cannot face criminal liability unless it directly transacted or misappropriated funds, supporting the need for a clear distinction be....
The Court held that the inherent power of the High Court under Section 482 CrPC can be exercised to quash a criminal proceeding if it is found that the proceeding is an abuse of the process of the Co....
Criminal law cannot address purely civil disputes without clear evidence of fraudulent intent.
While exercising powers under Section 482 Cr.P.C., Court has a very limited jurisdiction and is required to consider “whether any sufficient material is available to proceed further against accused f....
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