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2026 Supreme(Online)(Gau) 11674

GAUHATI HIGH COURT
ABDUL SALAM SHAH – Appellant
Versus
THE STATE OF ASSAM – Respondent


ORDER

Heard Mr. N J Dutta, the learned counsel for the petitioner. Also heard Mr. M P. Goswami, the learned Addl. Public Prosecutor appearing on behalf of the State respondent and Mr. S C Biswas, the learned counsel appearing on behalf of informant.

2. This is an application u/s 528 read with Section 438 and Section 442 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying for setting aside and quashing of the PRC Case No. 362/2025 pending before the learned SDJM(M), South Salmara Mankachar and arising out of impugned Charge Sheet No. 65/2025 dated 31.10.2025 (corresponding to Sukchar P.S. Case No. 41/2025 u/s 61(2)/318(4)/316(2) of BNS, 2023.

3. It is submitted by Mr. Dutta that only for personal grudge the FIR has been lodged against the present petitioner with some false and concocted allegation wherefrom it is also seen that the cause of action of the case started from the 1st week of June, 2023, when, it is alleged that out of an agreement the present petitioner promised to deliver 100 nos. of Roof Top Solar Panel, per cost about Rs. 7,000/- and pursuant to that agreement the present accused/petitioner had fraudulently taken away Rs. 1,61,000/- from him with a promise

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