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2025 Supreme(Online)(Gau) 8097

HIGH COURT OF GAUHATI
MR. JUSTICE KAUSHIK GOSWAMI
MUAZZUM HUSSAIN LASKAR AND ANR. – Appellant
Versus
THE STATE OF ASSAM AND ANR – Respondent


4. It is further alleged that though the respondent No. 2 initially refused to accept the request, but later on, since the petitioners convinced his friend Amir Uddin Barbhuiya to jointly purchase the vehicle in question, he therefore paid Rs. 3,00,000/- (Rupees Three Lakhs) only to the petitioners and subsequently deposit an amount of Rs. 4,85,000/- (Rupees Four Lakhs Eighty Five Thousand) only in the Bank Account of the petitioner No. 1. Accordingly, a total amount of Rs. 7,85,000/- (Rupees Seven Lakhs Eighty Five Thousand) only was given to the petitioner No. 1, but the petitioners neither purchased the Truck nor returned the money. It is further alleged that thereafter, the petitioner No.1 disappeared.

5. Thereafter, the Magistrate Court forwarded the C.R case to the Officer-in-charge, jurisdictional Police Station with a direction to register a case. Accordingly, an FIR was registered being Katlicherra P.S. Case No. 123/2015 under Sections 420/406 of IPC.

6. After completion of the investigation, the Investigating Officer submitted Charge-sheet on 31.10.2016 against the petitioners under Sections 420/406 of IPC. Upon submission of Charge-sheet, the petitioners filed a petition v

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