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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KAUSHIK GOSWAMI
Candid Drug Distributors – Appellant
Versus
State of Assam – Respondent
JUDGMENT & ORDER
KAUSHIK GOSWAMI, J.
Heard Mr. I Borthakur, learned counsel for the petitioners. Also heard Mr. T. R. Gogoi, learned Government Advocate, Assam for the respondent No. 1 as well as Mr. A Goyal, learned counsel for the respondent No. 4.
2. By way of this petition under Article 226 (2) of the Constitution of India, the petitioners are seeking, inter alia, quashing of the impugned FIR dated 07.12.2012 lodged by the respondent No. 4 before the Oshiwara Police Station in the district of Mumbai (Maharashtra) registered as C.R. No. 376/2012 under Sections 409/420/468/471/34 of the IPC.
3. It appears from the order dated 28.07.2025 passed in the connected M.C. No. 88/2024 that service of notice is complete in respect of the respondent Nos. 2 & 3.
However, there is no representation on behalf of the aforesaid respondents on call.
4. Since the matter has been pending since 2013, the same is accordingly taken up for final disposal.
5. Pertinent that this Court by order dated 08.11.2013 initially stayed the further proceedings in C.R. No. 376/2012 till 13.11.2013. Subsequently, though the same have been extended, however on 25.01.2019 this Court in terms of the ratio laid down by the A
A writ petition under Article 226 can be maintained to quash an FIR if it discloses cognizable offences, regardless of a pending civil suit, emphasizing the need for investigation into alleged crimin....
The court established that an FIR cannot be quashed solely on jurisdictional grounds if it discloses a cognizable offence, and that the police have a statutory duty to investigate such offences.
An FIR can be quashed if it does not prima facie disclose a cognizable offence, requiring sufficient evidence to sustain allegations of forgery and intimidation.
Point of law: power under Section 482 of the Code of Criminal Procedure for the purpose of quashing the F.I.R. is concerned, the only criteria is the situs of the authority who has registered the cas....
Territorial jurisdiction of Court – Although for trial of a case instituted on a police report no provision parallel to Section 201 of Cr.P.C. has been prescribed, there is no difficulty in borrowing....
The Court emphasized that criminal proceedings should not be quashed at the initial stage and highlighted the need for mediation in family disputes.
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