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Ashish Phookan And Anr vs The State Of Assam And Anr on 27 February, 2019

Page No.# 1/2

GAHC010041942019

THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Crl.Pet. 209/2019

1:ASHISH PHOOKAN AND ANR.
S/O LATE JAGADISH PHOOKAN
R/O ASHIYANA APARTMENT,
FLAT NO. 3(B), CHINAKI PATH, P.S. GEETANAGAR, KAMRUP (M),
GUWAHATI -24.

2: SMTI. JAHNABI PHOOKAN
W/O SRI ASHISH PHOOKAN
R/O ASHIYANA APARTMENT

FLAT NO. 3(B)
CHINAKI PATH

P.S. GEETANAGAR
KAMRUP (M)
GUWAHATI -24

VERSUS

1:THE STATE OF ASSAM AND ANR.
REP. BY THE PP, ASSAM

2:GAUTAM KUMAR MEDHI
S/O LATE P.C. MEDHI
SUNDARBARI
P.O. GAUHATI UNIVERSITY
P.S. JALUKBARI
DIST. KAMRUP (M)
GUWAHATI
ASSAM- 781014

Advocate for the Petitioner : MR. P K GOSWAMI

Advocate for the Respondent : PP, ASSAM
Page No.# 2/2

BEFORE
HONOURABLE MR. JUSTICE MIR ALFAZ ALI

ORDER

Date : 27-02-2019

Heard Mr. P.K. Goswami, learned Sr. Counsel for the petitioner and Mr. B.B.
Gogoi, learned Addl. P.P., Assam for the State respondent.

By this petition under Section 482 CrPC, the petitioner has prayed for quashing
the FIR dated 16.02.2019 and the Chandmari P.S. Case No. 135/2019 under Section 406
IPC, registered on the basis of the said FIR.

As per allegation made in the FIR, the respondent No. 2 invested Rs. 10 lakhs
in the company under the name and style M/S eastern Tea Brokers Pvt. Ltd. After death
of Jayanta Baruah, his successors refused to pay the interest as agreed as well as the
principal amount. Mr. Goswami, submits that the allegations made in the FIR do not
make out any criminal offence and as such the proceeding deserves to be quashed.

In view of the above, let notice be issued returnable in four weeks.

As Mr. B.B. Gogoi, learned Addl. P.P. has entered appearance and accepts notice
on behalf of the respondent No. 1, no formal notice need be issued to the respondent
No. 1. However, extra copy of the petition shall be furnished to him within three days.
The petitioner shall take step for service of notice on the respondent No. 2 by registered
post with A/D and also usual process within one week.

Till the returnable date, the proceeding in the aforementioned P.S. Case shall
remain stayed.

JUDGE

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